IMPORTANT POINT
Title cannot be declared in a suit for mere injunction.

JUDGMENT

N.V. RAMANA, J.

This appeal by special leave is directed against the impugned judgment and decree dt. 12.10.2001 passed by the High Court of Jharkhand at Ranchi in Second Appeal No.88/2000 whereby the High Court dismissed the appeal filed by the Board by confirming the concurrent findings of the courts below.

2. Brief facts in nutshell for proper adjudication of the dispute involved in the present appeal are, the plaintiff has filed a suit for permanent injunction alleging that suit schedule property originally belongs to Raja A.P. Singh Deo of estate of Seraikella. Later the property was purchased by Kumar Subodh Singh Deo vide registered Sale Deed No.3201 dated 4.12.1989. He, in turn, sold the property to the plaintiff vide registered Sale Deed dated 8.8.1990 for a consideration of Rs.12,000/- and since then he is in peaceful possession and enjoyment of the property by constructing a residential building in the land. While that being so, the defendant-Board has issued notice dated 4.1.1992 asking the plaintiff to quit and give vacant possession of the suit land and threatened the plaintiff to dispossess from the suit land without any right and title over the same. Hence the plaintiff has come up with the present suit to protect his possession.

3. The defendant has filed the written statement contending that the plaintiff vendor has no legal right and title over the suit schedule property and the sale deed executed by his vendor will not confer any right or title to the plaintiff. Further the suit schedule property along with other properties was acquired by the defendants by way of land acquisition proceedings in the year 1965 and the possession was handed over to them. As such, except the defendant, no one else has right or title over the property. The defendant has taken several other grounds with regard to maintainability of the suit on the ground of mis-joinder of proper and necessary parties to the suit, on the ground of limitation, under section 92 of the B.S.H.B. Act and Rules, as no prior notice was issued before instituting the suit. Also under Section 62 of the CNT Act, it is the case of the defendant that the present Suit is not maintainable without seeking the relief of declaration of title. The suit schedule property was recorded in the revenue records in the name of the defendant. Without seeking right, title, possession and correction of entries in record of right, plaintiff cannot maintain the suit for injunction and hence sought for dismissal of the suit.

4. The trial court has decreed the suit holding that suit is not barred under any of the provisions of the B.S.H.B. Act, CNT Act and the Limitation Act. Though Court took note of Ex.B – letter of giving possession to the defendant has come to the conclusion that the evidence on record does not establish that the land acquisition proceedings have attained finality. With regard to maintainability of a suit for injunction, Court gave a finding that as the plaintiff is able to prove his possession by oral and documentary evidence, he can maintain a simplicitor suit for injunction without seeking the relief of declaration.

5. The unsatisfied defendant approached the 1st Additional District Judge, Singhbhum (West) at Seraikella by way of Title Appeal No.46/1995. The 1st Appellate Court dismissed the appeal by holding that the mere suit for injunction is maintainable as the Board threatened to demolish the plaintiff’s house and the proceeding under the Land Acquisition Act are not successfully proved by the defendant by adducing cogent evidence. The defendant further carried the matter to the High Court by way of second appeal and that also ended up in dismissal. The High Court also observed that as the plaintiff is in possession of the property, he can protect his possession against any interference and it is not necessary to prove his title to the property.

6. The unsuccessful defendant is before us by way of this appeal.

7. The learned counsel for th