In Brief
A property dispute between family members regarding a Goan plot arose when the defendants demolished the plaintiffs' incomplete structure and began illegal construction. The plaintiffs (children of Vassudev Govekar) sued for mandatory injunction and demolition; the defendants (uncle and his family) claimed the property belonged to Jagannath Govekar. The trial court dismissed the suit, but the appellate courts allowed it, finding the plaintiffs owned the property per revenue records and Inventory Proceedings. The Supreme Court upheld this, holding ownership was established; the suit for mandatory injunction was maintainable without a separate possession prayer; and Section 4 of the Benami Act barred the defendants' contrary claim. The Court moulded relief under Article 142, directing the plaintiffs take possession but compensate the defendants for construction costs rather than demolish it.
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