• Occupation and possession

Believe there is clear distinction between possession and occupation. If a person with permission/license, shall be evicted by filing a suit for recovery of possession or by filing a suit for mandatory injunction? 
request for case law to support, if suit for mandatory injunction is maintainable.
Asked in Civil Law from Vizianagaram, Andhra Pradesh
1) please state detailed facts of your case. if person is in possession on basis of agreement between parties you cannot evict him without following due process of law 

2) you can file suit for eviction on termination of license .on expiry of term of license or on breach of terms of the contact  

3) recovery of possession is by filing suit for eviction and not by mandatory injunction 
Ajay Sethi
Advocate, Mumbai
28427 Answers
1542 Consultations

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Delhi High Court
Kanwal Kishore Manchanda And Anr. vs S.D. Technical Services Pvt. Ltd. on 8 April, 2005
Equivalent citations: 121 (2005) DLT 98, 2005 (81) DRJ 715;
A reading of the plaint would disclose that the case set up by the plaintiffs is that the defendant came into possession of the suit premises which had an electricity connection and for electricity consumed defendant had to pay the electricity bills. Alleging breach against the defendant and determination of the license/tenancy, plaintiffs seek recovery of possession/mandatory injunction.

57. Since plaintiffs gave an unencumbered property to the defendant, plaintiffs would be entitled to receive possession of the property in the same state. Claims pertaining to recovery of possession, damages for unauthorized occupation, mandatory injunction to clear electricity dues and damages suffered by the plaintiffs by acts of the defendant which has resulted in other portions of the property being rendered unfit for use and occupation are so interwoven on facts that it cannot be said that the reliefs sought suffer from misjoinder or the frame of the suit is hit by Order 2 Rule 4 C.P.C.

Since the details of your case is not known, the relevancy of the above citation to your case has to be confirmed by you;
There are plenty of citations on the subject but based on the circumstances of the case.
For example:
Pur Polyurethane Products P.Ltd. vs Geeta Bhargava on 17 December, 2008 of Delhi high court;
On the pleadings of the parties 13 issues were settled, being as under:-

"1. Whether the suit is liable to be dismissed for concealment and misrepresentation of facts?
2. Whether the license granted by the plaintiff to the defendant was inoperative and void ab initio?
3. Whether the defendant is entitled to continue in possession of the premises?
4. Whether the plaintiff has no right to claim relief of Mandatory Injunction & Possession? OPD
21. It is thus apparent that eviction by paramount title holder is the sine qua non to non-suit the plaintiff who seeks ejectment as a landlord or seeks a mandatory injunction to restore possession as the licensor. It is true that to constitute eviction by a title paramount, physical dispossession is not necessary. But what is necessary is to establish that the title paramount was armed with a legal process for eviction which could not be lawfully resisted. In other words, a voluntary attornment would not enable the tenant to non-suit his landlord.
You can revert with details of your case for a proper judgment relevant to your subject.
T Kalaiselvan
Advocate, Vellore
18636 Answers
176 Consultations

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You are right in filing the mandatory injunction restraining the defendant from using your client's property for any purpose without any valid authority and also for removal of the  electric motor installed  in her property and for possession.  You can make changes here and there wherever necessary according to the prevailing circumstances.
T Kalaiselvan
Advocate, Vellore
18636 Answers
176 Consultations

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1) what are the clauses in the agreement ? 

2) if agreement is forged have you filed complaint of cheating , forgery under section 420 and 465 of IPC against the fraudster 

3) if you file a civil suit simultaneously you must duke criminal complaint to strengthen your case 

4) it is necessary to peruse averments made in plaint and prayer clause in plaint as to whether suit is properly drafted or not 
Ajay Sethi
Advocate, Mumbai
28427 Answers
1542 Consultations

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Without perusal of the suit I cannot say if it is properly drafted or not, but a suit for mandatory injunction is the remedy in the given scenario. There is, prima facie, no possession of your client's property in your case, so a suit for recovery of possession cannot be maintainable. 
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

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