📚 LEGAL LEARNING – SHRI GANPATI JURISTS
🧾 When Does a Suit for Mandatory Injunction Lie?
🔍 Understanding Section 39 of the Specific Relief Act, 1963
A mandatory injunction is not granted as a matter of right — it is a discretionary relief provided under Section 39 of the Specific Relief Act, 1963. It directs the defendant to perform a specific act, typically to rectify a wrong or enforce an obligation.
⚖️ Key Legal Conditions for Granting Mandatory Injunction:
1. Existence of an Obligation
➤ There must be a clear legal or contractual obligation on the part of the defendant.
2. Breach or Apprehension of Breach
➤ Either the obligation must have been breached, or a reasonable apprehension of breach must exist.
3. Necessity of Judicial Intervention
➤ Court intervention must be necessary to compel performance and prevent or rectify harm.
4. Capability of Enforcement
➤ The act to be mandated must be such that the court can effectively supervise and enforce it.
5. Balance of Convenience
➤ Granting the injunction should serve justice more than denying it; hardship to the defendant should not outweigh the relief to the plaintiff.
6. Irreparable Injury
➤ The injury caused by the breach must be of such a nature that monetary compensation would be inadequate.
🧠 Legal Insight:
A mere breach or necessity is not enough — the act sought to be enforced must also be amenable to judicial discretion and practically enforceable by the Court.
🔍 Reference:
SLP (C) No. 15148 of 2017 – Supreme Court of India
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