AIR 2017 SUPREME COURT 583 ::2017 (2) ABR 321 ::2017 (2) AJR 238 ::(2017) 135 RevDec 80 ::(2017) 1 CLR 202 (SC) ::2017 (11) SCC 345 ::(2017) 1 RecCivR 535 ::(2016) 12 Scale 880 ::AIR 2017 SC (Civil) 666 ::(2017) 120 All LR 745 ::2017 (2) KCCR SN 140 (SC) ::(2017) 1 CurCC 73 ::(2017) 5 AndhLD 19 ::(2017) 170 AllIndCas 113 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): A. K. Sikri, N. V. Ramana , JJ

(A) Specific Relief Act (47 of 1963) , S.38— Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2— Suit for permanent injunction simpliciter - Tenability, in absence of relief of declaration of title and possession - Plaintiffs claiming to be owner of suit property in possession - Claiming permanent injunction against interference with suit property by defendants and for mandatory injunction for demolition of illegal construction made by defendants - Plaintiff proving his ownership and has nowhere in his pleading admitted joint ownership and joint possession with defendants - Sporadic act of trespass by defendants to pull-down existing structure and put-up new structure cannot constitute possession of defendants - Suit filed for permanent injunction cannot be said to be not tenable for want of claiming relief of declaration of title and possession. (Para 16 17 20) (B) Benami Transactions (Prohibition) Act (45 of 1988) , S.4(2)— Benami property - Property standing in name of father of plaintiff in revenue records - Plea that real owner of property was grandfather of plaintiffs and defendants - Cannot in absence of any other material stand only on ground that it was grandfather of parties, who got property granted in favour of plaintiff's @page....