In Brief
A tenant claimed permanent injunction against his landlord under the Specific Relief Act to restrain disturbance of his alleged possession of commercial premises leased since 1977. The trial court dismissed the suit, finding the tenant failed to prove actual possession on the suit date. The First Appellate Court and High Court reversed this, inferring possession from a prior settlement withdrawal order. The Supreme Court allowed the landlord's appeal, holding that actual physical possession on the suit date is mandatory for permanent injunction. The tenant's failure to pay rent for 15 years, lack of business licenses and utilities, and reliance on circumstantial evidence rather than substantive proof of occupation, rendered his claim untenable.
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