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Court cannot Grant Possession if it is not Part of Contract

Raj Kumar Makkad ,
  06 March 2010       Share Bookmark

Court :
Bombay High Court
Brief :
Contract - Contract of lease - Cessation of Juridical Possession of premise by virtue of lease - Enforcement of contractual rights - Grant of relief by Court - Challenge thereto - Plaintiff-Respondents and Defendant-Appellants entered into a contract of lease wherein Plaintiffs were appointed as contractors of Defendants for purpose of operating a retail outfit of Defendants on premise in question but were not to be in juridical possession of premise in question - Thereafter, Plaintiff sought to enforce contractual rights under said lease agreement and Trial Court granted relief of injunction - Hence, present appeal - Whether Plaintiffs entitled to any relief?
Citation :
Indian Oil Corporation Ltd. v. Vora Auto Service Centre Private Ltd. and Anr (Decided on 08.02.2010) MANU/MH/0090/2010
Held, the Plaintiffs' right to ownership of the land has ceased by virtue of the lease which subsists. No Court can grant relief to a party who, by virtue of his own agreement, is not shown to be in possession of the premises after the contract is determined. Granting relief of protecting the possession of the Plaintiffs, who are not in juridical possession at all and mere occupants as contractor under a contract which has come to an end upon the termination of the contract by efflux of time, would mean and constitute that the Court supplants a contract between the parties by a contract made by itself, which is contrary to the rights and obligations agreed to by the parties. Impugned order therefore, set aside. Appeal from Order allowed.
 
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Published in Civil Law
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