Necessary To Establish Title For Grant Of Perpetual Injunction Once Settled Possession Is Claimed : J&K&L High Court
2 years, 5 months ago

Necessary To Establish Title For Grant Of Perpetual Injunction Once Settled Possession Is Claimed : J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in a suit for perpetual injunction, it is necessary for the plaintiff to establish the title for grant of perpetual injunction, claiming settled possession over the property in question. The observations were made by Justice M A Chowdhary while hearing a civil second appeal wherein the moot question that sought an answer from the bench was as to whether in a suit for perpetual injunction, it is necessary for the plaintiff to establish the title or he can succeed in getting the relief of perpetual injunction merely be proving the fact that he is in settled possession of the property in question. The matter was first heard by Court of 2nd Additional Munsiff Srinagar who vide judgment dated 10.12.2015, dismissed the suit of the plaintiff on the ground that, even though, she was in possession of the suit property, she being not real and true owner of the same is not entitled to the relief of injunction against the true owner. "Injunction may be granted, even against the true owner of the property only when the person seeking the relief is in lawful possession and enjoyment of the property and also legally entitled to be in possession, not to dispossess him except in due process of law", recorded the bench while referring to Apex court judgement in Padhiyar Prahladji Chenaji through LRs versus Maniben Jagmalbhai through LRs & Ors 241) Elaborating on the usage of term "Settled possession" the bench observed that settled possession means such possession over the property which has existed for a sufficiently long period of time and has been acquiesced too by the true owner and a possession which has not matured into settled possession can be obstructed or removed by the true owner, even by using necessary force.

Property Court Title Suit Srinagar Possession True Owner Plaintiff Injunction Defendant Settled Perpetual Permanent Injunction Settled Possession Perpetual Injunction  settled  owner  plaintiff  defendant  establish  perpetual  suit  title  grant  true  high  property  jkl  court  possession  injunction  necessary

History of this topic

Purchaser Can Get Title Conveyed Only If Seller Has Title To Property: Patna High Court
1 month ago

Purchaser Can Get Title Conveyed Only If Seller Has Title To Property: Patna High Court

Live Law  

The Patna High Court has reiterated that a purchaser can acquire a valid title to a property only if the seller possesses a legal title to transfer. A purchaser can get the title conveyed only if the seller has title to the property.” Accused Surendra Kumar and others had challenged the Magistrate court order taking cognizance of offenses under Sections …

No One Acquires Title To Property Through Gratuitous Occupation, Even If Possession Continues For Decades: J&K High Court
2 months, 3 weeks ago

No One Acquires Title To Property Through Gratuitous Occupation, Even If Possession Continues For Decades: J&K High Court

Live Law  

Reaffirming a key principle of property law the Jammu and Kashmir and Ladakh High Court has held that individuals occupying premises gratuitously cannot claim ownership or legal protection. The appellant, dissatisfied with this outcome, approached the High Court, arguing that it was in “settled possession” of the additional plot and entitled to protection from eviction without due process under the …

Disputes Over Title Cannot Be Adjudicated In Suits U/S 6 Of Specific Relief Act: Jharkhand High Court
3 months, 2 weeks ago

Disputes Over Title Cannot Be Adjudicated In Suits U/S 6 Of Specific Relief Act: Jharkhand High Court

Live Law  

The Jharkhand High Court has reiterated that the title for ownership in regard to the property in question is not to be adjudicated under Section 6 of the Specific Relief Act, 1963. Justice Subhash Chand, while dismissing a Civil Miscellaneous Petition challenging a trial court's rejection of an impleadment application, reiterated, “the suit was for recovery of the possession under …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 14 - August 20, 2023
1 year, 7 months ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 14 - August 20, 2023

Live Law  

Nominal Index: MANAGING DIRECTOR JK HANDICRAFTS Vs AGA SYED MUSTAFA & ANR 2023 LiveLaw 215 Aamir Javid Waza and ors. Vs Gousia Jan and Ors 2023 LiveLaw 216 MOHAMMAD ASHRAF RESHI Vs STATE OF J&K 2023 LiveLaw 217 Abdul Rashid Dar and others Vs Ghulam Qadir Dar and others 2023 LiveLaw 218 Inder Jeet Singh Vs ICICI Lombard and another …

Suit For Injunction In Respect Of Immovable Property Not Abated On Death Of Parties: Karnataka High Court
2 years, 10 months ago

Suit For Injunction In Respect Of Immovable Property Not Abated On Death Of Parties: Karnataka High Court

Live Law  

The Karnataka High Court has said that in a suit relating to grant of injunction in respect of an immovable property, the right to sue is not personal to the plaintiff but survives to his legal representative and the suit for injunction would not therefore abate on the death of the parties. Referring to Section 2 of CPC, which is …

Suit For Mere Injunction Not Maintainable When Defendant Can Successfully Raise Cloud Over Plaintiff’s Title: SC [Read Judgment]
6 years, 4 months ago

Suit For Mere Injunction Not Maintainable When Defendant Can Successfully Raise Cloud Over Plaintiff’s Title: SC [Read Judgment]

Live Law  

‘A suit for mere injunction does not lie only when the defendant raises a genuine dispute with regard to title and when he raises a cloud over the title of the plaintiff.’The Supreme Court has reiterated that a suit for bare injunction would not be maintainable when a defendant could successfully raise cloud over the title of the plaintiff.The Jharkhand …

Discover Related