_5_Case Study _ Temporary Injunction.

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🥇 1. Possession vs Title – Revenue Entry Not Conclusive

📌 Case Study

Plaintiff is in actual possession of land for many years. Defendant holds revenue record title and seeks to dispossess plaintiff. Plaintiff seeks temporary injunction.

⚖️ Leading Case

Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719

🧠 Ratio

  • Injunction is not granted on mere title

  • Court must see:

    1. Prima facie case

    2. Balance of convenience

    3. Irreparable injury

  • Revenue entries ≠ possession proof

📝 Exam Trick

👉 If plaintiff shows settled possession, injunction can be granted even against title holder.

🥈 2. Injunction Cannot Protect Illegal Possession

📌 Case Study

Plaintiff forcibly occupies land recently and seeks injunction to prevent eviction.

⚖️ Leading Case

Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira, (2012) 5 SCC 370

🧠 Ratio

  • Courts must discourage illegal encroachers

  • Injunction is an equitable relief

  • Person approaching court must come with clean hands

📝 Exam Trick

👉 Even if defendant is absent, court can refuse injunction if possession is illegal.

🥉 3. Negative Covenant & Contractual Injunction

📌 Case Study

Distributor bound by agreement not to deal with competitor. He violates and argues restraint of trade.

⚖️ Leading Case

Gujarat Bottling Co. Ltd. v. Coca Cola Co., (1995) 5 SCC 545

🧠 Ratio

  • Injunction to enforce negative covenant is valid

  • Does not amount to restraint of trade

  • Section 27 Contract Act not violated

📝 Exam Trick

👉 Injunction can be granted even if contract is determinable, when negative covenant exists.

🏅 4. Mandatory Injunction at Interim Stage (Rare but Possible)

📌 Case Study

Defendant illegally blocks plaintiff’s access during pendency of suit. Plaintiff seeks restoration.

⚖️ Leading Case

Dorab Cawasji Warden v. Coomi Sorab Warden, (1990) 2 SCC 117

🧠 Ratio

Interim mandatory injunction can be granted only when:

  • Strong prima facie case

  • Extreme hardship

  • Status quo ante needs restoration

📝 Exam Trick

👉 Mandatory injunction at interim stage is exception, not rule.

🏆 5. Injunction Refused When Damages Are Adequate Remedy

📌 Case Study

Plaintiff seeks injunction in commercial dispute though monetary compensation is possible.

⚖️ Leading Case

Best Sellers Retail v. Aditya Birla Nuvo, (2012) 6 SCC 792

🧠 Ratio

  • Injunction is refused where:

    • Damages are quantifiable

    • No irreparable loss

  • Equity does not assist where money is sufficient remedy

📝 Exam Trick

👉 Always discuss irreparable injury separately.

🧾 ONE-PAGE EXAM MEMORY CHART

Situation Injunction? Case
Possession without title ✅ Yes Dalpat Kumar
Illegal encroacher ❌ No Maria Margarida
Negative covenant ✅ Yes Gujarat Bottling
Interim mandatory relief ⚠️ Rare Dorab Warden
Money loss only ❌ No Best Sellers

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