Justice Maheshwari and Justice Vikram Nath have discovered that if the owner wishes to regain ownership of the property, a claim may be made under Sec 6 of the SRA. While the court allowed the appeal before them and overturned the High Court’s decision and revived the Trial Court’s decision.
This proceeding related to plaintiff’s claimed property, and as plaintiff alleges, the first defendant, the second defendant, was allowed to use the property as a royalty-free licensee. Later, when the plaintiff wanted to use the property, he asked the defendant to move out, but the defendant reduced the amount. Plaintiffs alleged that they had given legal notice regarding the termination of the defendant’s license, and when they refused to leave and the plaintiff discovered misconduct by the other party, the plaintiff filed suit against them. During the plaintiff’s cross-examination, the defendant challenged the value of the claimed property and the court’s jurisdiction. The Court has dealt with the objections raised by the defendants regarding the value of the claimed property and the jurisdiction of the court.
The counsel for plaintiff has filed an injunction suit against the defendant in court. The defendant filed a motion under Order VII, Rule 11, CPC, and the court dismissed it.
The first appeal was filed, where the issue was pending. An application was filed with the High Court, which ordered the case remanded to the competent jurisdiction court.
The apex court held that “The title owner may file a proceeding to regain ownership, the former tenant may move out, or injunction may order a person to expel himself, or to regain the property. It may be a proceeding under sec 6 of the SRA”.