Case Note & Summary
The dispute pertains to a land measuring about 3.61 acres in Jamshedpur, Jharkhand. The respondents (plaintiffs) claimed that their mother, late Smt. Shyal Devi, purchased the land in 1958 via unregistered sale deeds and was in possession. In 1992, she filed Title Suit No. 153/1992 against the Bihar State Road Transport Corporation (BSRTC) for interference, which was decreed in her favour in 1999, confirming her possession. However, in appeal, the Additional District Judge held that she failed to establish title, though possession was confirmed. The BSRTC filed a second appeal, which is pending. In 2015, the respondents filed Title Suit No. 45/2015 seeking permanent injunction against the Jharkhand State Electricity Board (JSEB) from constructing an electricity sub-station on the land. The trial court and appellate court dismissed their interim injunction application, finding no prima facie case and noting suppression of facts. The Jharkhand High Court, however, granted status quo, restraining JSEB from construction on the disputed land. The Supreme Court set aside the High Court's order, holding that the balance of convenience and public interest favoured allowing JSEB to complete the sub-station, as 90% construction was already done and the respondents could be compensated monetarily if they succeed in the suit. The Court directed JSEB to deposit Rs. 5 lakhs as security and allowed it to energise the sub-station.
Headnote
A) Civil Procedure - Interim Injunction - Order XXXIX Rules 1 and 2 CPC - Prima Facie Case - The plaintiffs failed to establish a prima facie case as they did not specifically describe the suit property in the plaint and suppressed material facts regarding a previous withdrawn writ petition. (Paras 2.9-2.10) B) Civil Procedure - Interim Injunction - Balance of Convenience - Public Interest - The balance of convenience lies in favour of the Electricity Board as the sub-station serves public interest and 90% construction was completed; the plaintiffs can be compensated in money if they succeed. (Paras 2.12, 4-5) C) Civil Procedure - Interim Injunction - Irreparable Loss - The plaintiffs failed to show irreparable loss as the alleged possession was not supported by rent receipts or municipal receipts, and the land was recorded in the name of the Bihar State Road Transport Corporation. (Paras 2.10, 4) D) Civil Procedure - Suppression of Facts - Adverse Inference - The plaintiffs suppressed the fact of filing and withdrawing a previous writ petition seeking similar relief, warranting an adverse inference against them. (Para 2.10)
Issue of Consideration
Whether the High Court was justified in granting status quo and restraining the Electricity Board from completing construction of an electricity sub-station on disputed land, pending disposal of the title suit.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's order dated 19.05.2015, and dismissed the writ petition filed by the respondents. The Court directed the JSEB to deposit Rs. 5 lakhs with the trial court as security and allowed it to complete and energise the sub-station. The trial court was directed to decide the suit expeditiously, preferably within one year.
Law Points
- Interim Injunction
- Prima Facie Case
- Balance of Convenience
- Irreparable Loss
- Public Interest
- Suppression of Facts
- Order XXXIX Rules 1 and 2 CPC
