Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Andhra Pradesh Tenancy Act equitable relief |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Equity-Equitable relief-Grant of-Held : Equitable relief must be granted on considerations of equity and justice-Lessor having obtained advantage by invoking the jurisdiction of the authorities under the Tenancy Act, later on turned around and challenged the jurisdiction of the same authorities, as such guilty of inequitable conduct-Therefore, relief of injunction being in the nature of equitable relief should not be granted in favour of lessor so as to defeat the restitution order passed by authorities under the Tenancy Act-Andhra Pradesh Tenancy Act, 1956-Constitution of India, 1950-Article 136. Appellant - lessor filed eviction petition against the respondent - tenant under the Andhra Pradesh Tenancy Act, 1956 with regard to the land leased out by him to the respondent. Tenancy Tehsildar allowed the eviction petition and in execution of the order, appellant obtained possession of suit land. Aggrieved respondent filed an appeal. Sub-Collector allowed the appeal, passed an order for restoration of possession of land to tenant, and remanded the matter for fresh disposal. Appellant then filed writ petition challenging the order of restoration and also the remand order. Interim stay was granted but was subsequently vacated. Appellant filed writ appeal but the same was dismissed. Appellant then filed suit for permanent injunction restraining the respondent-tenant from interfering with his possession of land, which he secured pursuant to eviction order. Respondent contended that he had restored possession of suit land as per the direction of Sub-Collector. District Munsif decreed the suit in favour of the appellant. Appellate Court upheld the order. Thereafter, respondent filed a Second Appeal. High Court allowed the appeal holding that the appellant could not be granted relief of permanent injunction, since it was by way of equitable relief. High Court also directed the Revenue Officer to deliver possession of the suit land to the respondent tenant with help of police. Hence the present appeals. Appellant - lessor contended that the concurrent judgements of the Courts below ought not to have been interfered with in the Second Appeal; that the directions made by the High Court were not justified; and that there could be no estoppel against a statute, and in any event equitable consideration cannot override a statutory prohibition. Respondent - tenant contended that in any event the application for permanent injunction was not bonafide and was only a device to circumvent the restitution order passed by the authorities under the Tenancy Act. |
Judge | Hon'ble Mr. Justice B.P. Singh |
Neutral Citation | 2005 INSC 95 |
Petitioner | Kanchusthabam Satyanarayana And Ors. |
Respondent | Namuduri Atchutaramayya And Ors. |
SCR | [2005] 2 S.C.R. 294 |
Judgement Date | 2005-02-22 |
Case Number | 6892-6893 |
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