( 1 ) HEARD learned, counsel for the appellants against order refusing temporary injunction. In respect of a vast area of land, plaintiff has filed a suit for perpetual injunction claiming that after acquisition of a portion of the area, balance is in his possession, where the defendants are making an attempt to make constructions. In the suit Plaintiff prayed for temporary injunction.

( 2 ) A suit for relief of perpetual prohibitory injunction requires disclosure of facts to satisfy the requirements of S. 38 of the Specific Relief Act and absence of prohibition contained in S. 41 thereof. In such suit court has a discretion which is to be exercised judicially for grant of perpetual injunction as the language of S. 38 provides.

( 3 ) IN the present case, as is revealed, plaintiff claims the land to be his whereas defendant is attempting to raise construction on the land claiming the same to have been acquired. In such a dispute plaintiff ought to have sought for declaration of his title and consequential injunction, if at all he is in possession. Filing of a mere suit for perpetual injunction is a conduct of plaintiff to avoid the normal course and this conduct prohibits assistance

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