Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANDEEP N.BHATT
Rameshbhai Bhikhabhai Patel – Appellant
Versus
Manharbhai Natwarlal Patel – Respondent
JUDGMENT :
SANDEEP N. BHATT, J.
1. The present First Appeal, under Section 96 of the Code of Civil Procedure, 1908, is preferred by the appellant – original plaintiff, being aggrieved and dissatisfied with the judgment and order dated 26.02.2024 passed by the learned City Civil and Sessions Court, Ahmedabad, in Civil Suit No.810 of 2014.
2. Brief facts of the case are as under:
2.1 For the sake of convenience, the parties are referred as per their original status i.e. the Plaintiff and the Defendants.
2.2 The description of the suit property is as follows: T.P Scheme No.3, Municipal Ward No. 515, Final Plot No. 285, City Survey No. 2862 (Old Survey No. 325) having Tenement No. (i) 05150100100019, (ii) 0515010010002U, (iii) 05150100100035, (iv) 0515010010004Q, (v) 05150100100050, (vi) 0515010010006M, (vii) 0515010010007K, (viii) 05150100100081, (xi) 0515010010009G and (x) 05150100100010V situated at Sim: Khanpur, Moje: Shekhpur and District: Ahmedabad. The above-mentioned property was self-acquired property of the Plaintiff's ancestor namely Hargovandas Laldas. Furthermore, the person namely Hargovandas Laldas was married twice; the first marriage was with Ambaben and the second marria
A suit for injunction is not maintainable when the defendant disputes title, necessitating a comprehensive suit for declaration and partition.
A suit for permanent injunction is not maintainable when a genuine dispute on title arises. The proper remedy is a comprehensive suit for declaration, reaffirming the principle that possession follow....
In a suit for injunction over vacant land, genuine title disputes necessitate a suit for declaration; mere possession does not suffice without establishing title.
(1) Possession is good against all but true owner.(2) Plaintiff who has proved his right over property as well as possession over suit property, he is entitled for decree of injunction.(3) Even tresp....
Suit of the plaintiff for bare injunction is not maintainable and the First Appellate Court could not have decreed the suit of the plaintiff, when the defendants apart from denying the title and poss....
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
A suit for declaration may be maintained even if the plaintiff is not in possession, provided a consequential relief is sought, as mutation does not establish ownership.
(1) Suit for mere injunction does not lie only when defendant raises genuine dispute with regard to title and when he raises cloud over title of plaintiff.(2) Issue with regard to title can be decide....
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
