Supreme Court Rules on Tenancy Dispute: Owner’s Redevelopment Rights Prevail Over Family Settlement Claim
The Supreme Court overturned a High Court injunction order, emphasizing the strict requirements for granting interim relief under civil law. The Court held that the respondent failed to establish a prima facie case of tenancy rights, while the balance of convenience favored the appellant-owner. The judgment reaffirmed that injunctions cannot paralyze property rights without clear evidence of legal entitlement, though it safeguarded the respondent's potential claim by directing reservation of 550 sq ft pending the trial court's final decision. The ruling clarified that settlement discussions cannot substitute legal proof of tenancy.
Facts Of The Case:
The case involves a property dispute over a 22,000 sq ft plot in Chembur, Mumbai, originally owned by appellant Tushar Jani's father. In 19...