AIROnline 2023 SC 82 ::AIR 2023 SC (Civ) 696

Supreme Court Of India

Hon'ble Judge(s): B. R. Gavai, C. T. Ravikumar , JJ

(A) Specific Relief Act (47 of 1963) , S.34, S.38— Suit for possession and prohibitory injunction - By owner of property - Defendant encroaching upon property and without any title making construction thereon at his own risk - Failure by defendant to prove that he was transferee of property - Failure to prove acquiescence - Defendant not entitled to benefit under S. 51 of Transfer of property Act available to bona fide holder making improvements under defective title - Defendant not entitled to relief of payment of value of construction or to get sale deed executed in his favour at market rate - Plaintiff entitled to possession of land after demolition of structures. Transfer of Property Act (4 of 1882) , S.51— AIR 2008 (NOC) 1619 (HP)-Affirmed (Para 11) (B) Specific Relief Act (47 of 1963) , S.34— Evidence Act (1 of 1872) , S.115— Suit for possession - Plea of estoppel - To invoke the concept of estoppel defendant has to specifically plead each and every act or omission that constitutes representation from plaintiff - Defendant encroaching upon property of plaintiff and making construction - It was evident from the record that plaintiff sent telegraphic notice to defendant for stopping construction - It was also on record that she m....