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SANJAY VASHISTH
Savitri Devi – Appellant
Versus
Ashok Kumar – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
Present Regular Second Appeal (RSA) has been filed by the plaintiff - Savitri Devi (appellant herein), against the concurrent findings of dismissal of suit filed by her.
2. Plaintiff - Savitri Devi filed a suit for seeking a decree of permanent injunction against the sole defendant - Ashok Kumar (respondent herein), by stating that she being owner in possesion of the land comprised in Khewat No.150, Khatoni No.186, Rect. No.32, Killa No.5 (7-4), 4 min (1- 16), total measuring 9 Kanals, situated within the revenue estate of Village Rasiawas, Tehsil Bawal, Distrtict Rewari (for brevity, the 'suit land'), is entitled to protect her possession, which was delivered to her vide sale-deed Vasika No.4508, dated 12.12.2011, by the defendant - Ashok Kumar. Plaintiff claims her continuous possession since the time of execution of the sale-deed (Ex.PW2/B) i.e. 12.12.2011.
3. It is further pleaded that mutation No.848, has been got cancelled by Assistant Collector, 2nd Grade, Bawal, due to non-payment of the loan amount by the defendant - Ashok Kumar, which was taken from the Union Bank of India Branch, Rewari. As the defendant did not disclose the actual f
(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....
The plaintiff, having lost the case on title dispute, was not entitled to permanent injunction against the true owner.
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....
A suit for injunction can be maintained based on possession derived from a registered agreement for sale, despite the absence of a formal sale deed.
A plaintiff in a permanent injunction suit must prove lawful possession of the property and the defendant's interference, especially when the disputed property is unidentifiable.
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
A suit for permanent injunction requires valid title; without adherence to statutory requirements for land transactions, such claims are unsustainable.
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