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MAHENDAR KUMAR GOYAL
Mangilal, (Deceased), Babulal Jain – Appellant
Versus
Pukhraj – Respondent
JUDGMENT
Mahendar Kumar Goyal, J. - This civil second appeal is preferred against the judgment and decree dated 12.10.2018 passed by the learned Additional District Judge, Bhawanimandi, District Jhalawar (for brevity, "the learned Appellate Court") in Civil Appeal No.04/2016 whereby, while dismissing the appeal, the judgment dated 31.08.2016 passed by the learned Civil Judge, Chaumahla, District Jhalawar (for brevity, "the learned trial Court") decreeing the Civil Suit No.03/1997 filed by the respondents/plaintiffs (for brevity, "the plaintiffs") for mandatory and permanent injunction, has been upheld.
2. The relevant facts in brief are that the plaintiffs filed a suit for mandatory and permanent injunction stating therein that they were under ownership and possession of the subject property comprising of a 'Bada' (open piece of land). It was alleged that in June 1988, the defendants have installed a gate towards its northern side raising construction of a wall without any authority of law. Therefore, the decree as aforesaid was prayed for.
3. The defendants in their joint written statement, denying the averments made in the plaint, submitted that defendant No.1 was in possession of t
Even in absence of prayer for decree of declaration, suit simplicitor for injunction is maintainable when there is no cloud over ownership of subject property.
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....
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.
A simple suit for injunction is not maintainable without a declaration of title, as possession alone does not confer legal rights.
Possession follows title; a person cannot seek injunction against the true owner even if in possession.
Where once a suit is held not maintainable, no relief of injunction can be granted.
The need for the licensor to be vigilant and take prompt action to evict the licensee from the premises after the termination of the license.
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