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 in cases where the plaintiff's title is not in dispute or under a cloud. Therefore, the issue raised before the Apex Court was whether, in this case, the suit simpliciter for permanent injunction without claiming declaration of title, as filed by the plaintiff, was not maintainable. Even where there are necessary pleadings and issue, if the matter involves complicated questions of fact and law relating to title, the court will relegate the parties to the remedy by way of comprehensive suit for declaration of title, instead of deciding the issue in a suit for mere injunction.

Court Title Case Issue Suit Possession Plaintiff Declaration Injunction Relating Permanent Injunction Complicated Questions Simpliciter Comprehensive Suit Suit Simpliciter Necessary Pleadings Mere Injunction  declaration  case  relating  issue  court  suit  title  plaintiffs  disputed  simpliciter  maintainable  possession  supreme  injunction

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 …

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 For Permanent Injunction In Respect Of Waqf Property Maintainable Before Wakf Tribunal And Not Civil Court: Supreme Court
3 years, 4 months ago

Suit For Permanent Injunction In Respect Of Waqf Property Maintainable Before Wakf Tribunal And Not Civil Court: Supreme Court

Live Law  

The Supreme Court held that a suit for permanent injunction in respect of a waqf property has to be filed before the Wakf Tribunal and not the Civil Court. According to the High Court, since the dispute does not involve either a question as to the nature of the property or the question whether the suit schedule property is a …

Suit For Mere Injunction Not Maintainable When Defendant Can Successfully Raise Cloud Over Plaintiff’s Title: SC [Read Judgment]
6 years, 5 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 …

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