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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rajnish Kumar,J.
Ram Lal (Dead) – Appellant
Versus
Vijay Laxmi – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Shri Bahar Ali, learned counsel for the appellants and Ms.Tapasya Bajpai along with Shri Amarendra Kumar Bajpai, learned counsel for the respondent no.1. None appeared on behalf of respondent no.2.
2. This second appeal under Section 100 of CIVIL PROCEDURE CODE (here-in-after referred as CPC ) has been filed for setting-aside the judgment and decree dated 14.10.2021/26.10.2021 passed in Civil Appeal No.60 of 2013 (Smt. Vijay Laxmi Vs. Ram Lal (Dead) substituted by his legal heirs) by Additional District Judge, Court no.6, Sitapur.
3. The appeal has been admitted on the following substantial question of law:-
"1. Whether learned first appellate court fell in error while granting permanent injunction without recording the finding of possession of the plaintiff/ respondent while maintaining the dismissal of suit for cancellation of sale deed?"
4. Learned counsel for the appellants submitted that the suit for permanent injunction and cancellation of sale deed filed by the plaintiff-respondent no.1 was dismissed by the trial court after considering the pleadings, evidence and material on record but the lower appellate court, though maintained the judgm
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 plaintiff, having lost the case on title dispute, was not entitled to permanent injunction against the true owner.
(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....
A permanent injunction cannot be granted against co-owners without establishing clear possession or valid title, especially when title is disputed.
A suit for permanent injunction requires valid title; without adherence to statutory requirements for land transactions, such claims are unsustainable.
Ownership transfers upon registration of a sale deed, and non-payment of part of the consideration does not invalidate the sale; the transferor's remedy lies in recovery, not cancellation.
The court emphasized the importance of establishing a prima facie case, balance of convenience, and irreparable loss when considering the grant of injunction in property disputes.
A person in settled possession is protected against forcible dispossession by the true owner without legal recourse, even if the title is disputed.
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