TaxTMI 
TaxTMI 
2013 (1) TMI 927
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....he Trial Court Khunshnuma Ibrahim Khan Wife of Deceased Ibrahim Khan Plaintiff No.1 Raghib Ibrahim Khan Son of Deceased Ibrahim Khan Plaintiff No.2 Shri Asadullah Khan @ Sameer Khan Younger Brother of Deceased Ibrahim Khan Defendant No. 1 Shri Najmuzzaman Khan Elder Brother of Deceased Ibrahim Khan Defendant No.2 Smt. Tara Begum Wife of Defendant No.2 Defendant No.3 Shri Sheheryaar Khan Son-in-law of Defendant Nos. 2 & 3 Defendant No.4 Mohd.Mehtab Khan Son from 1st wife of deceased Defendant No.5 Mohd. Ilyas Khan Brother of Defendant No.3 Defendant No.6 Mohd. Dayan Khan Unrelated Defendant No.7 Smt. Shehzadi Wife of Defendant No.12 Defendant No.8 Miss Rani Unrelated Defendant No.9 Tabish Ebrahim Khan Son from 2nd wife of Deceased Defendant No.10 Kamran Khan Son from 1st wife of Deceased Defendant No.11 Zakarullah Khan Son from 1st wife of Deceased Defendant No.12 4. The plaintiff No. 1 claims to be the 3rd wife of one Ibrahim Khan whereas the plaintiff No. 2 is the son of the first plaintiff and Ibrahim Khan. According to the plaintiffs, Ibrahim Khan and ....
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....2011 and thereafter on 12.12.2011 instituted Suit No. 27 of 2012 under Section 6 of the SR Act. On 14.12.2011, when the matter was taken up by the Court, the defendant Nos. 1 to 4 informed the Court that they are not in possession of the suit flat but it is the defendants 5, 11 and 12 who are in possession. The Court by order dated 14.12.2011 appointed a Receiver and directed him to make an inspection of the suit flat and suit office and report back to the Court. Such inspection was made by the Court appointed Receiver on 16.12.2011. The report of inspection was submitted to the Court to the effect that the defendant Nos. 5 to 9 were found to be in possession of the suit flat. Formal possession thereof was taken over by the Court Receiver in terms of the order dated 14.12.2011. In the report of the Court Receiver, it was further mentioned that the defendant No. 10 had produced the keys of the suit office. However, the Court Receiver did not succeed in opening the doors of the office premises as there were further locks fixed thereon and inquiries did not indicate as to who was in possession of the keys. Accordingly, the Court Receiver informed the Court that formal possession of th....
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....uments to show that the plaintiffs were not in possession of the suit flat and suit office at the relevant point of time, as claimed. As the details of the said documents have been minutely taken note of by both the Benches of the High Court it is not necessary for this Court to traverse the said aspect of the case once again. Instead, we may briefly notice the reasons which had weighed with the learned Trial Judge to refuse interim relief to the plaintiffs and those that had prevailed upon the Appellate Bench to reverse the said order of the learned Trial Judge. 9. Both the learned Trial Judge as well as the Appellate Court considered the very same documents brought on record by the contesting parties to arrive at their respective conclusions with regard to the entitlement of the plaintiffs. Specifically, the learned Trial Judge had discussed the narration of the events of dispossession pleaded by the plaintiffs and held the same to be somewhat unreliable and inconsistent in view of the fact that the defendant No. 1 (son of the deceased Ibrahim Khan) who is alleged to have been instrumental in dispossessing the plaintiffs was at the relevant point of time in Bhagalpur in connec....
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....s found in the suit flat during the inspection carried out by the Receiver on 16.12.2011 were proved to have been purchased by the plaintiffs on the basis of a invoice/voucher dated 22.8.2008 and the said fact pointed to the possession of the suit flat by the plaintiffs and, in fact, demolished the case of the defendants that the first plaintiff and the deceased had separated some time in the middle of the calendar year 2009. The passports issued to the plaintiffs in 2009 recording the address of the suit flat; the HDFC bank statement of plaintiff No. 1; the ICICI bank Credit Card Statement of plaintiff No. 1 during the relevant time, all indicating the address of the suit flat were duly relied upon by the Appellate Court in coming to its conclusion. The Appellate Court also relied on an application form submitted (before the Appellate Court) by the second plaintiff on 11.8.2011 for admission in the 11th standard in H.R. College of Commerce and Economics at Dinshaw Vachcha Road, Church Gate, Mumbai which was signed by the deceased Ibrahim Khan himself giving the address of the suit office and the suit flat. The version of the plaintiffs that the visiting card showing her office at ....
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.... of vehemence and fervour. Given the ground realities of the situation it is neither feasible nor practical to take the view that interim matters, even though they may be inextricably connected with the merits of the main suit, should always be answered by maintaining a strict neutrality, namely, by a refusal to adjudicate. Such a stance by the courts is neither feasible nor practicable. Courts, therefore, will have to venture to decide interim matters on consideration of issues that are best left for adjudication in the full trial of the suit. In view of the inherent risk in performing such an exercise which is bound to become delicate in most cases the principles that the courts must follow in this regard are required to be stated in some detail though it must be made clear that such principles cannot be entrapped within any straitjacket formula or any precise laid down norms. Courts must endeavour to find out if interim relief can be granted on consideration of issues other than those involved in the main suit and also whether partial interim relief would satisfy the ends of justice till final disposal of the matter. The consequences of grant of injunction on the defendant if th....
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....arable harm to the party against whom it was granted or alternatively not granting of it to a party who succeeds or would succeed may equally cause great injustice or irreparable harm, courts have evolved certain guidelines. Generally stated these guidelines are: (1) The plaintiff has a strong case for trial. That is, it shall be of a higher standard than a prima facie case that is normally required for a prohibitory injunction. (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms of money. (3) The balance of convenience is in favour of the one seeking such relief. 17. Being essentially an equitable relief the grant or refusal of an interlocutory mandatory injunction shall ultimately rest in the sound judicial discretion of the court to be exercised in the light of the facts and circumstances in each case. Though the above guidelines are neither exhaustive nor complete or absolute rules, and there may be exceptional circumstances needing action, applying them as prerequisite for the grant or refusal of such injunctions would be a sound exercise of a judicial discretion." 15. In a situation ....