ECONOMY SALES Vs. DELHI AUTOMOBILES LTD

JUDGEMENT

(1.) This revision petition under Section 115 CPC is filed against the impugned judgment dated 3.2.2014 of the trial court dismissing the suit filed under Section 6 of the Specific Relief Act, 1963.

(2.) Petitioner/plaintiff claimed to be in settled possession of certain front portion of the property no.1, Skindera Road, New Delhi alongwith the room measuring 10'x10'in the main building. The settled possession was stated to be for the last 20 years. The subject suit was filed in July, 2004 alleging dispossession of the petitioner/plaintiff on 25.6.2004.

(3.) A suit under Section 6 of the Specific Relief Act is not based on title. It is only based on prior possession. The suit under Section 6 of the Specific Relief Act cannot however be filed against a person who claims title of the suit premises in accordance with law, once the petitioner/plaintiff fails to file clinching evidence to show his possession.