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ALKA SARIN
Sukhraj Singh – Appellant
Versus
Mohinder Singh – Respondent
| Table of Content |
|---|
| 1. factual background on suit and possession. (Para 1 , 2) |
| 2. arguments on title and injunction. (Para 3 , 4) |
| 3. court analysis on title in injunctions. (Para 5 , 6 , 8) |
| 4. supreme court precedents on title and injunction. (Para 7) |
| 5. final conclusion and order. (Para 9) |
JUDGMENT :
Alka Sarin, J.
The present revision petition has been preferred by the defendant No.1-petitioner against the impugned order dated 21.08.2018 passed by the Additional Civil Judge (Senior Division), Mansa whereby additional issues have been framed by the Trial Court.
2. The brief facts relevant to the present lis are that the plaintiff-respondents herein filed a suit for permanent injunction to the effect that they are in possession as gair marusi on land measuring 67 kanals 4 marlas fully described in the plaint as per the jamabandi for year 2009-2010 situated at Hamirgarh Dhaipi, Tehsil Bhikhi, District Mansa and that the defendants had no right to interfere in the possession of the plaintiff2023: respondents and that the defendants be restrained from interfering in the possession of plaintiff-respondents. After the plaintiff-respondents had concluded their evidence and the evidence of the defend
In a suit for permanent injunction, issues of title cannot be adjudicated without necessary pleadings being present, following the guidance of established Supreme Court principles.
Civil Suit - Suit for injunction and declaration - Nature of claims made by both the parties against each others, the issue of possession cannot be decided without conducting an inquiry as to issue o....
A permanent injunction suit is not maintainable when complicated questions of title arise, necessitating separate declaratory proceedings.
A suit for permanent injunction is not maintainable when a genuine dispute on title arises. The proper remedy is a comprehensive suit for declaration, reaffirming the principle that possession follow....
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....
In a suit for injunction over vacant land, genuine title disputes necessitate a suit for declaration; mere possession does not suffice without establishing title.
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 suit for injunction simpliciter is maintainable when there is interference with lawful possession, and a declaration of title is not necessary unless there is a genuine dispute over the title.
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