Vishram @ Prasad Govekar & Ors. vs. Sudesh Govekar (D) By LRs. & Ors. – (SC)

Specific Relief Act, 1963–Secs. 38 & 39–Suit for permanent and mandatory injunction without seeking the relief of possession–Plaintiffs stated that they were residing away from the suit property and used to visit the suit property–On one occasion, they found that suit house had been demolished by the defendants and they were carrying new construction–Nothing in their pleadings that they were not in possession–Held, suit was maintainable.