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SUJOY PAUL
Ravi Pratap Singh – Appellant
Versus
Kiran Singh – Respondent
ORDER :
Sujoy Paul, J.
1. This petition filed under Article 227 of the Constitution assails the order dated 01.02.2021 passed by the learned IIIrd Addl. District Judge, Rewa in M.C.A. No. 122/2018 whereby Misc. Appeal filed by the private respondents against the order passed by the court below under Order 39 Rule 1 and 2 of CPC is allowed by the court and order of injunction dated 06.09.2018 was set aside.
2. Briefly stated, the petitioners/plaintiffs filed a civil suit under Section 34 and 38 of the Specific Relief Act, 1963 for declaration of title and permanent injunction in respect of certain lands situated in village Majhboga, Tehsil Raipur Karchuliyan, District Rewa.
3. Shri Ghildiyal, learned counsel for the petitioners submits that petitioners' prayed for declaration mainly on the ground of adverse possession for more than 12 years and prayed for injunction on the basis of possession. The trial court heard the parties on the application preferred under Order 39 rule 1 and 2 of CPC and rightly decided it by order dated 06.09.2018. The respondents/defendants were injuncted from creating third party right or alienate the property. This injunction order was initially granted for a
The main legal point established in the judgment is the importance of documentary evidence, lawful possession, and the conduct of the parties in determining the grant of injunction.
The main legal point established in the judgment is that what cannot be done directly, cannot be done indirectly, and the importance of forming a prima facie case in favor of the plaintiff before gra....
The Record of Rights is a key document in establishing possession, affecting the burden of proof in property disputes.
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 ....
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
Relief which cannot be granted in main suit, can also not be granted by way of interim relief.
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