Gajanan S/O Deorao Dhanokar v. Shri Mahalakshmi Mandir, Gujarati Pura, Balapur and Thought Its Trustees
Case brief
What is this about?
Second Appeal dismissed; maintainability of suit simplicitor for injunction; settled possession versus mere intrusion; intruder does not disentitle owner from injunction suit; public trust ownership of temple premises; removal and mandatory restoration of deity idol; defendant produced no documentary evidence of right or title; documentary evidence of trust's possession (registration certificate, tax assessment, record of rights, electricity bills); no substantial question of law; trial decree 15.12.2021 Special Civil Suit No.105 of 2014 Akola; first appeal dismissed 21.12.2023 Regular Civil Appeal No.30 of 2022; Gajanan Deorao Dhanokar; Shri. Mahalakshmi Mandir trustees; Rohit W. Joshi; Bombay High Court Nagpur Bench.
What did the court decide?
A mere intruder into another's property is not in settled possession; even an intruder's occupation would not disentitle the owner or a person asserting a lawful claim over the property from maintaining a suit for injunction against such intruder. Accordingly, the contention that the defendant's construction activity proved possession and rendered the injunction suit unmaintainable cannot be accepted.