Section 38 of SRA : Section 38: Perpetual Injunction When Granted

Explanation using Example

Imagine a scenario where a homeowner, Mr. Sharma, has a piece of land next to his house which he uses as a garden. The land is legally his property, and he has a right to enjoy it without interference. However, his neighbor, Mr. Gupta, starts construction on a part of Mr. Sharma's garden, claiming it's part of his own property.

Mr. Sharma can go to court seeking a perpetual injunction based on Section 38 of the Specific Relief Act, 1963. This injunction, if granted, would legally prevent Mr. Gupta from continuing the construction and invading Mr. Sharma's right to enjoy his property. Since the garden provides Mr. Sharma with aesthetic pleasure and personal satisfaction, which cannot be quantified in monetary terms, compensation would not be adequate relief (as per Section 38(3)(c)). Moreover, the injunction would help avoid multiple legal cases about the same issue, thus preventing a multiplicity of judicial proceedings (as per Section 38(3)(d)).