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Om Parkash Gautam vs ) Sh. Vinod Kumar Sharma on 31 January, 2023 cites

Sant Lal Jain vs Avtar Singh on 12 March, 1985

12.6 I do agree with the Ld. Counsel for the appellant that the relief of possession can be sought by a licensor seeking relief of mandatory injunction. Sh. Wadhwa is, therefore, fully justified in placing reliance upon Sant Lal Jain Vs. Avtar Singh AIR 1985 SC 857 and Ajab Singh Vs. Sheetal Puri AIR 1993 Allahabad 138. Thus, as far as relief of possession is concerned, it is found to be implicit in the relief seeking mandatory injunction. However, it cannot be said that the appellant had set up the case in such a manner as if he was also seeking declaration about his title and ownership. If, at all, he wanted any such declaration, it was expected that he would have made necessary averment and prayer in his plaint. His such averment or prayer cannot be left for imagination.
Supreme Court of India Cites 7 - Cited by 319 - A Varadarajan - Full Document

Ajab Singh vs Shital Puri (Deceased By Lrs.) on 20 January, 1993

12.6 I do agree with the Ld. Counsel for the appellant that the relief of possession can be sought by a licensor seeking relief of mandatory injunction. Sh. Wadhwa is, therefore, fully justified in placing reliance upon Sant Lal Jain Vs. Avtar Singh AIR 1985 SC 857 and Ajab Singh Vs. Sheetal Puri AIR 1993 Allahabad 138. Thus, as far as relief of possession is concerned, it is found to be implicit in the relief seeking mandatory injunction. However, it cannot be said that the appellant had set up the case in such a manner as if he was also seeking declaration about his title and ownership. If, at all, he wanted any such declaration, it was expected that he would have made necessary averment and prayer in his plaint. His such averment or prayer cannot be left for imagination.
Allahabad High Court Cites 7 - Cited by 29 - Full Document
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