Question 1? How to determine whether a suit for permanent injunction can be maintained against co-owners when title is disputed and possession is in question? Question 2? What is the proper remedy when co-owners seek to challenge or contest private partitions or sales affecting the property? Question 3? What is the role of possession vs. title in injunctions under the Specific Relief Act, and when must a declaration of title be sought?

Key Points: - (!) The case discusses that injunctions cannot be maintained against co-owners where title is disputed and possession is in question. - (!) The appellants challenge that they are in possession due to purchase; the court analyzes possession as a prerequisite for injunction. - (!) - (!) Division Bench guidance on co-owners: injunction not generally maintainable against a co-owner in possession; partition or declaration may be appropriate. - (!) - (!) Supreme Court guidance: where title is in dispute, permanent injunction without declaration is not maintainable; need declaration of title with possession or partition. - (!) - (!) The appellate court could not declare sale deeds invalid in a suit for injunction; proper remedy would be for declaration or partition. - (!) - (!) Anathula Sudhakar principles: in possession cases, declaration may be needed; in certain scenarios, possession alone can support injunction if title is not in dispute, but if title is in dispute, declaration is required. - (!) - (!) Issues framed included ownership/possession and validity of sale deeds; indicates core questions relate to possession, title, and transactions between co-owners. - (!) - (!) Documents of partition/mutual transfers not reflected in revenue records; private partition not binding without statutory formalities; affects maintainability of injunction against co-owners.

Question 1?

How to determine whether a suit for permanent injunction can be maintained against co-owners when title is disputed and possession is in question?

Question 2?

What is the proper remedy when co-owners seek to challenge or contest private partitions or sales affecting the property?

Question 3?

What is the role of possession vs. title in injunctions under the Specific Relief Act, and when must a declaration of title be sought?

JUDGMENT :

Nidhi Gupta, J.

CM-10554-C-2025 IN RSA-5524-2014

Present application under Section 151 CPC is filed for permission to place on record the Synopsis, List of Dates and Sequence of events along with the translated copies of the relevant Lower Court Record.

After going through the contents of the application, which is supported by affidavit of Vineet Aggarwal s/o Brijeshwar Aggarwal, the same is allowed subject to all just exceptions and aforesaid documents are taken on record.

RSA-5524-2014

Present Second Appeal has been filed by the defendants No.1 and 2 against the judgment of reversal dated 19.09.2014 passed by learned Additional District Judge, Jind, in Civil Appeal No.130 of 2010, whereby appeal filed by the plaintiffs/respondents No.1 to 3 herein, was allowed; and the judgment and decree dated 10.09.2010 passed by learned Additional Civil Judge (Senior Division), Safidon (Jind), dismissing the suit of the plaintiffs, was set aside.

RSA-3206-2015

Present Second Appeal has been filed by defendant No.3 against the judgment of reversal dated 19.09.2014 passed by learned Additional District Judge, Jind, in Civil Appeal No.130 of 2010, whereby appeal filed by the plaintiffs/respon