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 State Housing Board had approached. ‘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 bench comprising Justice N.V. Ramana and Justice Mohan M. Shantanagoudar observed that the board by relying upon the land acquisition proceedings and the possession certificate could successfully raise cloud over the title of the plaintiff and in those circumstances plaintiff ought to have sought for the relief of declaration and the suit for injunction simplicitor could not have been entertained. 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, then necessarily in those circumstances, plaintiff cannot maintain a suit for bare injunction.”

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History of this topic

Injunction Suit Maintainable Without Declaratory Relief When Plaintiff's Title Isn't Disputed By Defendant : Supreme Court
2 months, 1 week ago

Injunction Suit Maintainable Without Declaratory Relief When Plaintiff's Title Isn't Disputed By Defendant : Supreme Court

Live Law  

The Supreme Court observed that a suit filed only for injunction simpliciter cannot be dismissed solely because it lacks a declaratory relief under Section 34 of the Specific Relief Act, 1963, especially when the defendants do not dispute the plaintiffs' title. The bench comprising Justice JB Pardiwala and Justice R Mahadevan was hearing the case arising out of the Orissa …

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 …

Suit For Declaration Of Title Without Seeking Recovery Of Possession Not Maintainable When Plaintiff Not In Possession: Supreme Court
1 year, 1 month ago

Suit For Declaration Of Title Without Seeking Recovery Of Possession Not Maintainable When Plaintiff Not In Possession: Supreme Court

Live Law  

Recently, the Supreme Court reiterated the well-established position of law that under Section 34 of the Specific Relief Act of 1963, a suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession. The section provides that courts have discretion as to declaration of status or right, however, it carves out …

Notice Under Municipalities Act Not Mandatory When Seeking Declaration Of Title & Permanent Injunction Against Town Municipal Council: Karnataka HC
1 year, 3 months ago

Notice Under Municipalities Act Not Mandatory When Seeking Declaration Of Title & Permanent Injunction Against Town Municipal Council: Karnataka HC

Live Law  

The Karnataka High Court has made it clear that a prior notice under provisions of the Karnataka Municipalities Act is not mandatory while filing a declaratory suit of title and permanent injunction against the Town Municipal Council. Previous notice for suits, etc.— No suit shall be instituted against any municipal council, officer, servant or any person acting under the order …

Specific Performance Of Re-Conveyance Deed Can't Be Sought When Plaintiff Denies Defendant's Title In Property : Supreme Court
1 year, 3 months ago

Specific Performance Of Re-Conveyance Deed Can't Be Sought When Plaintiff Denies Defendant's Title In Property : Supreme Court

Live Law  

The Supreme Court, while denying the plea of specific performance for execution of the re-conveyance deed, noted that such a claim implies that the opposite party is the owner. “Therefore, taking the averments made in the plaint as correct, there was no occasion for the appellants to seek specific performance compelling the respondent to execute re-conveyance deed inasmuch as, even …

Onus On Plaintiff To Prove Possession Of Property In Suit For Bare Injunction: Karnataka High Court
1 year, 6 months ago

Onus On Plaintiff To Prove Possession Of Property In Suit For Bare Injunction: Karnataka High Court

Live Law  

The Karnataka High Court recently held that in a suit for bare injunction, it is for the person who approaches the Court to prove his lawful possession over the suit schedule property. In response, the respondent's counsel supported the trial court's decision, asserting that the burden of proving the case falls on the plaintiff, especially in a suit for a …

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 …

Law Respects Possessory Rights Over Immovable Property Even In Absence Of Valid Title: Delhi High Court
2 years, 5 months ago

Law Respects Possessory Rights Over Immovable Property Even In Absence Of Valid Title: Delhi High Court

Live Law  

The Delhi High Court has reiterated that in a suit for possession simplicitor or a suit for injunction against dispossession simplicitor, the plaintiff is not required to establish title or ownership. The law respects possessory rights over immoveable property, even in the absence of valid title." The Court was dealing with a second appeal under Section 100 of the CPC, …

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 …

Relief Of Permanent Injunction Against True Owner Cannot Be Granted When Title Dispute Is Settled Against Plaintiff : Supreme Court
3 years ago

Relief Of Permanent Injunction Against True Owner Cannot Be Granted When Title Dispute Is Settled Against Plaintiff : Supreme Court

Live Law  

The Supreme Court observed that a suit for permanent injunction is not maintainable against the true owner of the property when the dispute with respect to title is settled against the plaintiff.Once the suit is held to be barred by limitation qua the declaratory relief, the prayer for permanent injunction, which is a consequential relief can also be said to …

Suit Simpliciter For Injunction Without Claiming Declaration Of Title Not Maintainable If Plaintiff's Title Is Disputed: Supreme Court
3 years, 6 months ago

Suit Simpliciter For Injunction Without Claiming Declaration Of Title Not Maintainable If Plaintiff's Title Is Disputed: Supreme Court

Live Law  

The Supreme Court observed that a suit simpliciter for permanent injunction without claiming declaration of title is maintainable only in cases where the plaintiff's title is not in dispute or under a cloud.The bench of Justices L. Nageswara Rao and B.R. The Supreme Court observed that a suit simpliciter for permanent injunction without claiming declaration of title is maintainable only …

Even A Trespasser In Established Possession Can Obtain Injunction: Supreme Court
4 years, 1 month ago

Even A Trespasser In Established Possession Can Obtain Injunction: Supreme Court

Live Law  

Even a trespasser, who is in established possession of the property could obtain injunction, the Supreme Court observed while upholding a Madras High Court judgment decreeing an injunction suit.The bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah observed that the principle that plaintiff cannot seek for a bare permanent injunction without seeking a prayer for. Even a …

Revenue Record Entries Do Not Confer Title To A Property, Reiterates SC [Read Judgment]
5 years, 5 months ago

Revenue Record Entries Do Not Confer Title To A Property, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the entries in the revenue records do not confer title to a property, nor do they have any presumptive value on the title.The bench comprising Justice Indu Malhotra and Justice Krishna Murari noted that such entries only enable the person in whose favour mutation is recorded, to pay the land revenue in respect of …

A Plaintiff Can Claim Title To The Property Based On Adverse Possession, Reiterates SC [Read Judgment]
5 years, 5 months ago

A Plaintiff Can Claim Title To The Property Based On Adverse Possession, Reiterates SC [Read Judgment]

Live Law  

A plaintiff can claim title to the property based on adverse possession, the Supreme Court has reiterated. In this case, the appeal arose from a suit filed by a plaintiff who claimed that he was in possession of the land from 1963 to 1981 claiming ownership as against defendant and that his possession had matured into title. The Trial Court …

Civil Suit To Invalidate Land Acquisition Isn’t Maintainable, Reiterates SC [Read Order]
6 years, 3 months ago

Civil Suit To Invalidate Land Acquisition Isn’t Maintainable, Reiterates SC [Read Order]

Live Law  

‘The only remedy left to the aggrieved party is to file a writ petition before the High Court under Article 226 of the Constitution of India or to approach this Court.’The Supreme Court, while setting aside a Rajasthan High Court order, reiterated that a civil suit to invalidate land acquisition is not maintainable.In the suit for declaration and permanent injunction, …

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