When suit can be decided on the basis of Negative finding

ITC Ltd. v. Adarsh Coop. Housing Society Ltd., (2013) 10 SCC 169
Contract and Specific Relief
Specific Relief Act, 1963
S. 6 - Nature of suit under - Suit summary in nature, for recovery of possession of property from which respondent-
plaintiff was illegally dispossessed - Suit not concerned with title to the property for which separate suit is required to be
filed - Finding of fact arrived at by trial court that plaintiff was in possession and was illegally dispossessed by defendant
affirmed by Revisional Court as well as by High Court in petition under Art. 227 of the Constitution - Held, no interference
of Supreme Court called for,

Specific Relief Act, 1963
S. 6 - Remedies available against order or decree passed in suit under - Aggrieved party can prefer revision in
exceptional cases under S. 115 CPC which by virtue of U.P. amendment confers next superior court's revisional
jurisdiction or can file a fresh title suit - Defendant in instant case having failed before Revisional Court, its petition before
High Court under Art. 227 of the Constitution rightly entertained, 
Specific Relief Act, 1963
S. 6 - Summary proceedings under - Many contentious issues raised - However, only relevant issue in a S. 6 SRA
proceeding is issue of possession - Issue regarding possession of property was capable of being decided on basis of
materials on record - Hence, held, decision so arrived at cannot be faulted on ground that other highly contentious issues
had been raised, including as to possession and highly contentious issue as to possession had been decided,
Specific Relief Act, 1963
S. 6 - Suit for possession - Negative finding - Issue regarding possession of property - Decided by taking view that
defendant could not have been in possession as claimed instead of taking view that plaintiff was in possession as such a
conclusion was necessary for deciding the issue - Held, decision cannot be faulted, 

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