AIR 1989 SUPREME COURT 2097 ::(1990) 1 LJR 39 ::1990 UJ(SC) 1 71 ::(1990) 1 CivLJ 290 ::1989 (4) SCC 131 ::1989 Bom LR 91 302 ::(1989) 2 APLJ 77 ::(1989) 3 Bom CR 364 ::(1990) 2 LandLR 210 ::(1989) Mah LJ 1130 ::(1989) MPLJ 767 ::(1990) 1 RenCR 525 ::(1989) 3 JT 489 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): K. N. Singh, M. H. Kania , JJ

(A) Civil P.C. (5 of 1908) , O.20 R.9— Unlawful dispossession of licensee by licensor before expiry of licence period - Decree for recovery of possession - Licensee is entitled to, notwithstanding that period of licence had expired long back during pendency of legal proceedings. It is well settled law in this country that where a person is in settled possession of property, even on the assumption that he had no right to remain on the property, he cannot be dispossessed by the owner of the property except by recourse to law.(Para 8) In the instant case the plaintiff had filed a suit for recovery of possession of premises upon which she had entered as a licensee to conduct the business of restaurant; She was subsequently dispossessed by the licensor unlawfully and behind her back. Immediately thereafter she filed suit for recovery of possession. Held that she was entitled to decree for recovery of possession. Since she was unlawfully dispossessed it could not be said that the licence having expired long back and the plaintiff not being entitled to renewal of licence could only ask for damages for unlawful possession. (B) Constitution of India , Art.136, Art.226— @page-SC2098Suppression or falsity of facts before Court - Appeal by special leave - Appellant....