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SATYEN VAIDYA
Amar Dass – Appellant
Versus
Labh Singh – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioners herein are plaintiff in Civil Suit No. 33 of 2014 pending before the learned Civil Judge, Sunder Nagar, wherein plaintiffs have claimed relief against the defendants/respondents herein to restrain them by way of permanent prohibitory injunction from causing any interference in the suit land by illegal threats to dispossess the plaintiffs. In alternative a decree for mandatory injunction have also been claimed. Plaintiffs also filed an application under Order 39, Rules 1 & 2 of the Code of Civil Procedure seeking interim injunction against the defendants in the same terms as prayer made in the suit.
2. The plaintiffs claimed themselves to be in settled possession of suit land since 1965-66. As per the averments made in the plaint, the suit land was sold to them/their predecessors-in-interest by way of oral sale by the predecessors-in-interest of defendants No. 4 to 11, in the year 1951-52. Besides vacant land, plaintiffs have also claimed possession over certain structures on the suit land. Plaintiffs have placed reliance on report submitted by a revenue official in pursuance to an application filed by the plaintiffs in the year 2014. On the str
Where once a suit is held not maintainable, no relief of injunction can be granted.
The plaintiff, having lost the case on title dispute, was not entitled to permanent injunction against the true owner.
(1) Injunction is a consequential relief – In a suit for declaration with a consequential relief of injunction, it is not a suit for declaration simpliciter, it is a suit for declaration with a furth....
A suit for permanent injunction requires valid title; without adherence to statutory requirements for land transactions, such claims are unsustainable.
The main legal point established in the judgment is the significance of prima facie case, irreparable injury, and balance of convenience in deciding on temporary injunction. The judgment also highlig....
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
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