1.Permanent Injunction–Scope for granting–In a suit filed u/s. 38 of Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property–The burden of proof lies upon the plaintiff to prove that he was in actual and physical possession of the property on the date of suit.
2.Permanent Injunction–Suit for–Decreed by first appellate Court by drawing the presumption of possession in favour of plaintiff–Justification–Plaintiff admitted that he was not holding any licence for carrying the business in the premises–Further admission that he was not having the three phase electricity connection for running the business of fabrication business–After filing the suit, he sent the cheque towards the rent of 189 months–Admitted fact that he did not pay the rent for fifteen years–It cannot be said that his possession was lawful possession entitling him to grant of permanent injunction–Held, trial Court rightly concluded that he failed to prove his actual and physical possession–First appellate Court and High Court fell into error in presuming the possession in his favour.
