Back
N. S. SANJAY GOWDA
M. V. Raju – Appellant
Versus
N. G. Kotrabasappa – Respondent
JUDGMENT
1. This is a second appeal filed by the LR's of the deceased defendant Sri.M.V.Raju.
2. The respondent - plaintiff ie., N.G.Kotrabasappa instituted a suit seeking for a decree of injunction to restrain the appellant - defendant Sri.M.V.Raju from putting up any sort of construction over the suit property. The said suit was filed on 6/4/1998. Subsequently, an amendment application was filed and the said application was allowed on 3/9/1998. By virtue of the said amendment, the plaintiff sought for a decree of mandatory injunction to direct the defendant to demolish the construction put up in the suit schedule property, failing which the plaintiff should be permitted to get the building constructed by the defendant demolished through a Commissioner.
3. By way of the abovementioned amendment, it was also pleaded that despite an order of temporary injunction granted by the trial Court, which was to the knowledge of the defendant, the defendant had proceeded with the construction and therefore, the said construction was illegal.
4. It was the case of the plaintiff that he owned site No.3 measuring 30 ft x 30 ft which was the suit property. It may be pertinent to state here that ac
Possession backed by municipal sanction and compliance establishes ownership rights, qualifying for protection against interference.
The need for a prima facie case, clarity in the description of the suit land, and consideration of balance of convenience and irreparable loss, harm, and injury are crucial in granting injunctions.
The court upheld that an injunction may be granted based on prima facie evidence and balance of convenience even if construction is ongoing.
The court affirmed that encroachment on public property negates claims of ownership and that plaintiffs must approach courts with transparent evidence.
Possession established through admissions is sufficient for granting permanent injunction against unlawful interference.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
