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ARUN MONGA
Dev Ram – Appellant
Versus
Swarna Ram – Respondent
JUDGMENT
Arun Monga, J. (Oral)
For convenience, parties herein are described as per recitals before learned Trial Court.
2. Having suffered concurrent adverse findings by the two Courts below, the plaintiff is in second appeal before this Court assailing learned trial Court judgment and decree dated 24.11.2015, as upheld by learned First Appellate Court vide its judgment and decree dated 06.12.2016.
3. Briefly stated, facts as noticed by Courts below are that plaintiff had filed a suit for permanent injunction to the effect that defendants may be permanently restrained from, in any manner, interfering and dispossessing the plaintiff from the house constructed over the land measuring 0 Kanal 5 Marlas, bearing Khata No.684/631, Khatauni No.812/1, Khasra No.202, as entered in Jamabandi for the year 2007-2008, Hadbast No.20, situated in the area of Village Behram, Tehsil Nawanshahr, District SBS Nagar. As per plaintiff, earlier Prema son of Tamba, real uncle of plaintiff, was owner in possession of the suit property. Said Prema was residing with plaintiff till his death in the house in question.
3.1. Plaintiff further averred that he is in actual and physical possession of the house in
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
The main legal point established in the judgment is that a suit for permanent injunction may not be legally sustainable without seeking the relief of declaration of title, especially when the plainti....
Where once a suit is held not maintainable, no relief of injunction can be granted.
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
A co-owner's entitlement to seek permanent injunction based on established title, possession, and enjoyment, even in the absence of exclusive possession, when the defendant fails to prove her claim.
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