Nothing to show that plaintiff was in actual physical possession as on date of filing of suit - Injunction, rejected.

Citation

AIROnline 2022 Mad 325

Madras High Court

S. S. SUNDAR , J.

SA. - 647 of 2021 D/- 9 - 2 - 2022

Valliammal v. Maha Vishnu and Ors.

Specific Relief Act (47 of 1963), S.38 - Permanent injunction - Restraining defendants from

interfering with possession of plaintiff over suit property - Suit property is pormaboke property

- Actual physical possession as on date of filing of suit is necessary requirement for grant of

injunction - Nothing to show that plaintiff was in actual physical possession as on date of filing

of suit - Injunction, rejected.

 (Paras 9 , 10 , 11)