2008 UAD 644
SUPREME COURT OF INDIA
Hon’ble Mr. Justice R.V. Raveendran and Hon’ble Mr. Justice P. Sathasivam
Civil Appeal No. 6191 of 2001
ANATHULA SUDHAKAR – Appellant
Versus
P. BUCHI REDDY (DEAD) BY LRS. & ORS. – Respondents
Decided on : 25.03.2008
(B) Suit for permanent Prohibitory Injunction — Requirements to be satisfied by plaintiff — (1) that on the date of filing the suit he was in lawful possession of the property in question and — (2) that defendant tried to interfere with, or disturb, his lawful possession.
(Paras 13 to 16)
(C) T.P. Act, 1882, Sec. 41 — Claim to benefit of — Averments necessarily and specifically making out a case under the section have to made in the plaint — In absence of such averments and issue no amount of evidence and arguments can be looked into or considered.
(Paras 21 to 26)
(D) C.P.C., 1908, Sec. 100 — Second appeal under — Scope and ambit of jurisdiction of High Court in — Such jurisdiction does not extend to re-examination of questions of fact and going into questions not pleaded and not being the subject matter of any issue — High Court would exceed its jurisdiction in second appeal in formulating questions of law which did not arise therein — It also has no jurisdiction to interfere with well-reasoned judgment of first appellate court. (Paras 27, 28)
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Certainly. Based on the provided legal document, here are the key points:
A suit for a mere permanent injunction is maintainable only when the plaintiff is in lawful or peaceful possession of the property and the defendant interferes with or threatens such possession. If the plaintiff is in wrongful possession, they are not entitled to an injunction against the rightful owner. Additionally, a person out of possession must file a suit for possession, and cannot seek only an injunction without claiming possession (!) (!) .
When the plaintiff's possession is in dispute or under a cloud, or when the defendant asserts title and threatens dispossession, the plaintiff must file a suit for declaration of title along with consequential relief of injunction. If the plaintiff is out of possession and their title is under dispute, a comprehensive suit for declaration of title, possession, and injunction is necessary (!) (!) .
In cases involving vacant sites, possession is presumed to follow title. Therefore, even in suits for injunction concerning vacant sites, the court may need to examine the question of title to determine de jure possession. However, the court should not decide title in a suit for injunction unless pleadings and issues regarding title are properly raised. If complex questions of law or fact are involved, parties should be relegated to a full suit for declaration of title rather than seeking a decision in an injunction suit (!) (!) .
The scope of a suit for prohibitory injunction relating to immovable property is limited. It primarily concerns protecting lawful possession from interference. If possession is not established, or if the possession is wrongful, the remedy is a suit for declaration of title and possession, not just injunction (!) (!) .
A suit for injunction alone does not require the court to examine or decide on the question of title unless the issue is directly and substantially in dispute, and pleadings and issues regarding title are properly framed. The court should not decide questions of title in a suit for injunction if the pleadings do not raise such issues or if the matter involves complex questions of law and fact. In such cases, parties should be directed to file a comprehensive suit for declaration of title (!) (!) .
The evidence and conduct of the parties, such as representations by the owner or acts of ostensible ownership, can influence the presumption of title and possession. However, in the absence of proper pleadings and issues, courts should not base findings on such evidence or conduct (!) (!) .
The benefit of certain statutory provisions, such as those protecting transfers made by ostensible owners, requires specific pleadings and issues to be raised. Without such pleadings, the court cannot consider or apply these provisions in a suit for injunction (!) (!) .
The court emphasized that findings on title cannot be recorded in a suit for injunction if the pleadings and issues do not encompass questions of title. Decisions based on unpleaded issues or evidence outside the scope of pleadings are beyond the jurisdiction of the court, especially in second appeals (!) (!) .
The proper course when title is in dispute is to file a suit for declaration and consequential relief rather than seeking a mere injunction. Courts should not decide complex questions of title in an injunction suit unless the pleadings and issues adequately address those questions (!) (!) .
In this particular case, the appellate courts overstepped their jurisdiction by examining and deciding on questions of title and related issues that were not pleaded or framed as issues in the suit. The appellate court's approach exceeded the scope permitted in a suit for injunction and second appeal proceedings (!) .
The final decision was to dismiss the suit, emphasizing that the absence of proper pleadings and issues relating to title meant that the courts below should not have examined or decided on the questions of ownership. The case was remitted to the lower courts to refrain from deciding on title issues in future proceedings unless properly pleaded and framed (!) (!) .
These points collectively highlight the importance of proper pleadings, framing of issues, and the limited scope of courts in deciding questions of title in suits for injunction. They also underscore that complex questions of ownership should be addressed through appropriate declaratory suits rather than through injunction proceedings.
R.V. Raveendran, J. — This appeal by special leave is by the defendant in a suit for permanent injunction. Puli Chandra Reddy and Puli Buchi Reddy were the plaintiffs in the said suit. Both are now no more. The Legal Representatives of Puli Chandra Reddy are Respondents 2 to 5 and Legal Representatives of Puli Buchi Reddy are Respondent 1 (i) to (iii). The suit related to two sites bearing no. 13/776/B and 13/776/C measuring 110 sq. yards and 187 sq. yards in Matwada, Warangal town, together referred to as the ‘suit property’.
2. Plaintiffs 1 and 2 claimed to be the respective owners in possession of the said two sites having purchased them under two registered sale deeds dated 9.12.1968 (Exs. A1 and A2) from Rukminibai. The plaintiffs further claimed that the said two sites were mutated in their names in the municipal records. They alleged that on 3.5.1978, when they were digging trenches in order to commence construction, the defendant interfered with the said work. The plaintiffs, therefore, filed suit OS No. 279 of 1978 in the file of Principal District Munisiff, Warangal, for a permanent injunction to restrain the defendant from interfering with their possession.
3. Defendant resisted the suit. He claimed that suit property measuring 300 sq. yards in Premises No. 13/776 was purchased by him from K.V. Damodar Rao (brother of plaintiffs’ vendor Rukminibai) under registered sale deed dated 7.11.1977 (Ex. BI); that he was put in possession of the suit property by Damodar Rao; that the suit property had been transferred to his name in the municipal records; that he applied for and obtained sanction of a plan for construction of a building thereon; and that he had also obtained a loan for such construction from the Central Government by mortgaging the said property. According to him, when he commenced construction in the suit property, the plaintiffs tried to interfere with his possession and filed a false suit claiming to be in possession.
4. The trial court framed the following issues – (i) whether the plaintiffs are in exclusive possession of the suit sites (house plots)? (ii) whether the defendant has interfered with the possession of the plaintiffs over the suit plots? (iii) whether the plaintiffs are entitled to permanent injunction; and (iv) to what relief. The plaintiffs examined themselves as PW1 and PW2. They examined their vendor Rukminibai as PW4. Puli Malla Reddy and Vadula Ramachandram examined as PW3 and PW5, were the purchasers of two adjacent sites from Rukminibai. One of them (PW3) was the cousin of plaintiffs and was also the scribe and attestor in respect of the two sale deeds in favour of plaintiffs. Plaintiffs exhibited the two sale deeds dated 9.12.1968 in their favour as Ex. A1 and A2 and municipal demand notices and tax receipts, all of the year 1978 onwards, as Ex. A3 to A11. A plan showing the sites was marked as Ex. A12. Two letters said to have written by Damodar Rao were marked as Ex. A13 and A14. The sale deed executed by Rukminibai in favour of PW3 was marked as Ex. XI and sale agreement in favour of PW5 was marked as Ex. X2. The defendant gave evidence as DW1 and examined his vendor Damodar Rao as DW2. He exhibited the certified copy of the sale deed dated 7.11.1977 in his favour as Ex. B1, a certified copy of mortgage deed executed by him in favour of Central Government as Ex. B2, the licence and sanctioned plan for construction of a house in the suit plot as Ex. B3 and B4 and the loan sanction proceedings as Ex. B5. He also exhibited a property tax receipt dated 12.2.1978 issued to Damodar Rao (Ex. B6), water charge bill dated 20.9.1978 for house No. 13/775 and 13/776 issued to Damodar Rao (Ex. B7), and property tax receipts dated 19.2.1972, 14.10.1973, 28.3.1970 and 13.11.1968 in the name of Damodar Rao (Ex. B8 to B11).
5. There was no dispute that the site purchased by the defendant from Damodar Rao under deed dated 7.11.1977 is the same as the two sites purchased by plaintiffs from
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