Padhiyar Prahladji Chenaji (Deceased) Through L. R. s – Appellant
Versus
Maniben Jagmalbhai (Deceased) Through L. R. s and Ors. – Respondent
Key Points: - The plaintiff lost the title dispute but was granted a permanent injunction by trial court; higher courts varied on whether injunction could stand against the true owner (!) (!) - High Court and Supreme Court discuss that permanent injunction may be a consequential relief, barred when declaratory relief is barred by limitation, and that injunction against a true owner is unsustainable if title is settled against the plaintiff (!) (!) (!) - The defendant being held as true owner with possession of entire land based on registered sale deed; revenue records show defendant as owner/cultivator from 1976 onward, implying plaintiff had knowledge of title/possession history (!) (!) - The Court ultimately held that the appeal succeeds and the permanent injunction is quashed; entire suit dismissed, against the true owner (!)
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.10.2018 passed by the High Court of Gujarat in Second Appeal No. 8 of 2016 by which the High Court has dismissed the said appeal and has confirmed the judgment and decree passed by the trial court further confirmed by the First Appellate Court granting injunction in favour of the original plaintiff restraining the defendant from disturbing the possession of the plaintiff, the original defendant has preferred the present appeal.
2. That the dispute is with respect to the land bearing Revenue Survey No.49 ad-measuring 6 acres and 15 gunthas situated at the village Mahadeviya, District Deesa. The husband of the original plaintiff had executed a Sale Deed dated 17.06.1975 in favour of the appellant herein – original defendant (hereinafter referred to as the “original defendant”) by which he sold his agricultural land in question.
2.1 That on the basis of the sale deed, the name of the defendant No.1 was mutated in the Revenue record in the year 1976 itself. All throughout the name of the original defendant No.1 was mutated in the Revenue record as an owner right from the year 1976 o
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