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ARUN BHANSALI
Bheekhi Devi – Appellant
Versus
Manak Lal – Respondent
JUDGMENT
1. This appeal is directed against the judgment and decree dated 5.1.2013 passed by Civil Judge (Sr. Division), Phalodi, District Jodhpur ('the trial court') and judgment and decree dated 16.12.2016 passed by Addl. District Judge, Phalodi, District Jodhpur ('the first appellate court') whereby, the suit filed by the appellant seeking permanent injunction has been dismissed and the appeal filed by the appellant has also been dismissed, respectively.
2. The appellant filed a suit inter alia with the averments that pursuant to a sale deed dated 18.1.1983 (Exhibit-2), the plaintiff along with her children - respondents No.4 to 9, is in possession of plot of land and that the respondents - defendants were seeking to dispossess the plaintiff and, therefore, injunction be granted.
3. The suit was contested by defendant No.1 inter alia disputing that the plot sought to be claimed by the plaintiff pursuant to the sale deed dated 18.1.1983, is not the plot, which is in possession of the defendant. Further averments made in the plaint were denied and it was claimed that the plot was purchased from Omprakash and Meghraj, who were having their Salt Industry over the land and he is in poss
A simple suit for injunction is not maintainable without a declaration of title, as possession alone does not confer legal rights.
The main legal point established in the judgment is the application of the principle 'No possession No injunction' and the jurisdiction of the first appellate court to re-appreciate evidence and reve....
When the plaintiff's title to the property is in dispute and there is a threat of dispossession, the plaintiff should sue for declaration of title and the consequential relief of injunction.
The main legal point established in the judgment is that where there is merely an interference with the plaintiff's lawful possession or threat of dispossession, it is sufficient to sue for an injunc....
A permanent injunction suit is not maintainable when complicated questions of title arise, necessitating separate declaratory proceedings.
Possession follows title; a person cannot seek injunction against the true owner even if in possession.
Judgments in appeal can only be overturned when proved unjust; proper possession and legal title must be substantiated through evidence.
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
The dismissal of a suit for possession due to lack of evidence does not preclude the plaintiff from asserting their title in a separate suit.
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