MARIA MARGARIDA SEQUERIA FERNANDES AND OTHERS versus ERASMO JACK DE SEQUERIA(DEAD) THROUGH L.RS.

Citation: [2012] 3 S.C.R. 841 · Decided: 21-03-2012 · Supreme Court of India · Bench: DALVEER BHANDARI · Disposal: Appeal(s) allowed

Cited by 9 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2012] 3 S.C.R. 841 
MARIA MARGARIDA SEQUERIA FERNANDES AND 
OTHERS 
v. 
ERASMO JACK DE SEQUERIA(DEAD) THROUGH L.RS. 
(Civil Appeal No. 2968 of 2012) 
MARCH 21, 2012 
[DALVEER BHANDARI, H.L. DATIU AND DEEPAK 
VERMA, JJ.] 
Injunction: 
A 
B 
c 
Suit for injunction - Maintainability of - Suit for injunction 
filed by respondent-brother on ground that he was 
dispossessed from the suit house by appellant-sister without 
following the due process of law - Courts below decreed the 
D 
suit- On appeal, held: The suit house was given by appellant-
sister to respondent-brother who was to act as a caretaker of 
the house - Admittedly, respondent did not claim any title to 
the suit property - Appellant had a valid title to the property 
which was clearly proved from the pleadings and documents 
E 
on record - The caretaker holds the property of the principal 
only on behalf of the principal - The respondent's suit for 
injunction against the true owner i.e. appellant was, therefore, 
not maintainable, particularly when it was established beyond 
doubt that the respondent was only a caretaker and he ought 
to have given possession of the premises to the true owner 
F 
of the suit property on demand - The judgments of courts 
below set aside - Respondents directed to handover 
possession of the suit house to appellant - In the peculiar 
facts and circumstances of the case, LRs of respondent 
granted three months time to vacate the suit premises and 
G 
to pay Rs.1,00,0001- p.m. towards use and occupation of the 
premises for a period of three months and to pay a cost of 
Rs.50,0001- to the appellant. 
841 
H 
842 
SUPREME COURT REPORTS 
[2012] 3 S.C.R. 
A 
Grant or refusal of injunction - Governing principles -
Discussed. 
ADMINISTRATION OF JUSTICE: Truth as guiding star 
in judicial process -
Held: Truth alone has to be the 
8 foundation of justice - Court must discharge its statutory 
functions-whether discretionary or obligatory-according to law 
in dispensing justice because it is the duty of a Court not only 
to do justice but also to ensure that justice is being done - In 
the administration of justice, judges and lawyers play equal 
roles - Like judges, lawyers also must ensure that truth 
C triumphs in the administration of justice - Courts must give 
greater emphasis on the veracity of pleadings and documents 
in order to ascertain the truth. 
PLEADINGS: Requirement of - Held: In pleadings, only 
D the necessary and relevant material must be included and 
unnecessary and irrelevant material must be excluded - In 
civil cases, pleadings are extremely important for ascertaining 
the title and possession of the property in question - Once 
the title is prima facie established, it is for the person who is 
E resisting the title holder's claim to possession to plead with 
sufficient particularity on the basis of his claim to remain in 
possession and place before the Court all such documents 
as are expected to be there in the ordinary course of human 
affairs - Only if the pleadings are sufficient, would an issue 
F be struck and the matter sent to trial, where the onus will be 
on him to prove the averred facts and documents. 
G 
Administration of justice: 
Due process of Law - Meaning of - Discussed. 
False claims and false defences - Held: False claims 
and defences are really serious problems with real estate 
litigation, predominantly because of ever escalating prices of 
the real estate - In order to curb uncalled for and frivolous 
H .litigation, the Courts have to ensure that there is no incentive 
MARIAMARGARIDASEQUERIAFERNANDES v. ERASMO JACK 843 
DE SEQUERIA (D) TR. L.RS. 
or motive for uncalled .for litigation - This problem can be 
A 
solved or at least be minimized if exemplary cost is imposed 
for instituting frivolous litigation - Imposition of heavy costs 
would also. control unnecessary adjournments by the parties 
- In appropriate cases, the Courts may consider ordering 
prosecution otherwise it may not be possible to maintain purity 
B 
and sanctity of judicial proceedings. 
MESNE PROFITS: Grant of, -when possession/title in 
respect of property is claimed on the basis of false and 
fabricated documents - Determinative factors - Discussed. 
POSSESS/ON: Right over property - Claim for - Held: 
No one acquires title to the property if he or she was allowed 
c 
to stay in the premises gratuitously -
Even by long 
possession of years or decades such person would not 
acquire any right or interest in the sai

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