2026LegalMarch 2026

Bombay HC – Claims of Developer for Compensation and Injunction Beyond Scope of Section 6 of the Specific Relief Act – Suit for Composite Reliefs Not Maintainable.

Section 6 of the Specific Relief Act – Suit of Developer for composite reliefs for possession of flat, injunction & compensation is not maintainable

The respondent is the developer of the building on the land at village Katraj in Pune as per the development rights from the land owners.

The applicant had purchased flat no.4 vide registered sale dated 25.8.2004.  The developer claims that on 2.6.2009 the flat purchaser had illegally entered in the flat.

The developer filed the suit on 27.8.2009 for composite reliefs of recovery of possession, injunction and compensation.

On 14.3.2022, the suit of the respondent for restoration of possession of the flat was decreed and to pay compensation of Rs.84,000/- per year.

Addition of any other prayer in Section 6 suit over and above the prayer for restoration of possession would necessarily change the nature of enquiry.

Adjudication of prayers for injunction creating third party rights and for compensation is beyond the scope of Section 6 of the Specific Relief Act

News in Law Beat of 23.2.2026 and the judgment dated 13.2.2026 of the High Court of Bombay in Civil Revision Application No.190 of 2022 of Jayashree Jaisingh Babar  Vs.   Shirish Ramdas Sarode

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