IMPORTANT POINT
An injunction cannot be granted without a substantive challenge to the title or rights of the parties, and the principles of balance of convenience and irreparable harm must be considered.

JUDGMENT :

Heard Mr. R. K. Bhuyan, the learned counsel appearing on behalf of the Appellants and Mr. M. Dutta, the learned counsel appearing on behalf of the Respondents.

2. This is an appeal challenging the order dated 24.09.2024 passed in Misc (J) Case No.10/2024 arising out of Title Suit No.7/2024 whereby the Court of the learned Civil Judge (Senior Division), Kamrup at Amingaon (hereinafter referred to as ‘the learned Trial Court’) passed an order of injunction thereby restrained the appellants herein who were the opposite parties in the injunction proceedings from alienating or encumbering the suit land in any manner till the disposal of the Title Suit. In addition to that the learned Trial Court further directed both the parties to maintain status quo with respect to their respective possession over the suit land.

3. It is a settled principle of law that an appeal preferred challenging an order passed in exercise of equitable jurisdiction is limited. It is only when the said order on the face of it is erroneous, arbitrary, irrational and violates the well settled principles of the law of injunction, the Appellate Court can exercise jurisdiction. Keeping in mind the aforesaid principle of law, this Court would like to deal with the facts which led to the filing of the instant appeal.

4. The respondents herein as plaintiffs filed a suit seeking declaration of right, title and interest and confirmation of possession over the suit land of the plaintiffs along with other consequential reliefs as well as for permanent injunction, restraining the defendants, their servants, agents and persons who take interest in the defendants from interfering with the possession of the plaintiffs over the suit land as well as restraining the defendants from entering into the suit land as described in the schedule. Further to that, the plaintiffs also sought for a precept to the Circle Officer, North Guwahati Revenue Circle to mutate the names of the plaintiffs being the legal heirs of their respective fathers and delete the names of the defendants from the records.

5. It is the case of the plaintiffs that a plot of land admeasuring 7 Bigahs 1 Katha 6 Lechas covered by Dag No.6 and 9 of K.P. Patta No.116 situated at revenue village Satgaon under Mouza Borbongshar, Revenue Circle North Guwahati in the district of Kamrup, Assam was originally recorded in the revenue records in the names of the plaintiffs’ respective deceased fathers. It was further mentioned that during the lifetime of the respective father of the plaintiffs, he sold 2 Bighas of the land to the father of the defendants Late Mumtaz Ali out of the land measuring 7 Bighas 1 Katha 6 Lechas covered by Dag Nos. 6 and 9 of K. P. Patta No.116. However, when the plaintiffs went to the Office of the Circle Officer, North Guwahati Revenue Circle, after the death of their respective fathers for mutation of the names in the land records being the legal heirs, they came to learn that the legal heirs of the deceased Late Mumtaz Ali, i.e. the defendants have fraudulently mutated their names in the land records in connection with the suit land i.e. Dag No.6 admeasuring 6 Bighas 1 Katha vide mutation order dated 23.09.2019 and Dag No.9, land measuring 1 Bigha 1 Katha 6 Lechas vide another mutation order dated 23.09.2019.

6. It was also mentioned that the plaintiffs could come to learn that the defendant No.1 had also filed an application for partition of Dag No.6 and an order was passed on 30.12.2021 and a new Dag No.529 and Patta No.427 was allotted. The plaintiffs thereupon filed objection before the Circle Officer, North Revenue Circle for the cancellation of the names of the defendants from the land records but unfortunately nothing was done. It was further mentioned that the defendants are also trying to sell the suit land by showing it to different intending customers. It is under such circumstances, the reliefs which have been already mentioned hereina