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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH
Jhumuri Nayak (Since Dead) by her LRs. – Appellant
Versus
Bhabagrahi Behera – Respondent
| Table of Content |
|---|
| 1. appeal under section-100 against lower court decisions. (Para 1) |
| 2. original sale-deed and property transfer details. (Para 3) |
| 3. defendant's counterclaim regarding fraud and mortgage. (Para 4) |
| 4. trial court's findings and issues framed. (Para 5) |
| 5. substantial questions of law concerning title. (Para 6) |
| 6. arguments from both parties about the title and maintainability. (Para 7 , 8) |
| 7. court's review of prior judgments and evidence. (Para 9) |
| 8. complicated title issues arising from pleadings. (Para 10 , 11) |
| 9. principles governing suits for permanent injunction. (Para 12) |
| 10. court's deviation from first appellate court's view. (Para 13) |
| 11. final judgment and dismissal of the plaintiff's suit. (Para 14) |
JUDGMENT :
1. These Appellants, in this Appeal under Section-100 of the Code of Civil Procedure 1908 (for short ‘the Code’) assail the judgment and decree dated 17.12.2018 & 26.12.2018, respectively passed by the learned District Judge, Jajpur in RFA No. 16 of 2017.
The Respondent as the Plaintiff had filed the suit for permanent injunction as against the original Appellants (Defendant) so as to restrain him from interfering with the peaceful possession of the suit land by
A permanent injunction suit is not maintainable when complicated questions of title arise, necessitating separate declaratory proceedings.
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....
Where once a suit is held not maintainable, no relief of injunction can be granted.
A suit for permanent injunction requires valid title; without adherence to statutory requirements for land transactions, such claims are unsustainable.
A person in settled possession is protected against forcible dispossession by the true owner without legal recourse, even if the title is disputed.
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
Possession follows title; a person cannot seek injunction against the true owner even if in possession.
In a suit for permanent injunction, a plaintiff must establish actual possession, which suffices for relief regardless of ownership disputes, supported by evidence of rent receipts and mutation order....
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
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