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Ritesh Khatri vs. Shyam Suder Khatri

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Permanent Injunction without seeking the relief of Possession–Suit is filed by the father for eviction of his own son–Plea of the defendant that admittedly, he was in the possession of the suit property, therefore, the suit for possession ought to be filed and not a suit for mandatory injunction to recover the possession–Acceptability–Defendants’s plea for protection of his possession is not backed by his absolute legal right vested to him and his possession over the property of his father since childhood is because of love and affection–Possession was permissive and gratuitous which has been revoked by the father–Considering the relationship between the plaintiff and defendant, the suit for mandatory injunction is maintainable–Trial Court rightly issued the decree.