VidhiSangh

Supreme Court of India · 12/05/2025

TUSHAR HIMATLAL JANI versus JASBIR SINGH VIJAN & ORS.

[2025] 6 S.C.R. 414 · 2025 INSC 663

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Summary

The Court set aside a Bombay High Court order that had restored an interim injunction restraining the owner of a 22,000 sq ft Mumbai property from dispossessing a person claiming tenancy rights over 550 sq ft under a family settlement. The claimant had no prima facie case while his tenancy claim remained pending, and the balance of convenience and irreparable injury favoured the owner whose redevelopment was stalled; to balance equities the owner was directed to reserve one unit of about 550 sq ft in the developed property as security.

Issues

  1. Whether the High Court was justified in restoring an interim injunction in favour of Respondent No. 1 during the pendency of his suit for declaration of tenancy rights before the Small Causes Court.

Held

Result

Appeal allowed. The High Court's order dated 30.07.2024 restoring the interim injunction was set aside. The appellant was directed to reserve one unit of about 550 sq ft in the developed property as security for Respondent No. 1's alleged rights in case R.A.D. Suit No. 519/2023 is decided in his favour; the Small Causes Court is to decide that suit expeditiously in accordance with law.

Judgment PDF: Supreme Court of India, [2025] 6 S.C.R. 414.