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PRANAY VERMA
Ramkuwar Bai – Appellant
Versus
Nandkishore – Respondent
ORDER :
This appeal under Section 100 of the Code of Civil Procedure has been preferred by defendants 1 to 4 being aggrieved by the judgment and decree dated 26.04.2024 passed in Civil Appeal No.40 of 2022 by the Third District Judge, Shajapur partly reversing the judgment and decree dated 05.11.2022 passed in RCS 138A/2014 by the First Civil Judge, Junior Division, District Shajapur and decreeing the claim of plaintiffs for permanent injunction.
2. The plaintiffs instituted an action before the trial Court for declaration of their title to the suit lands, permanent injunction restraining the defendants from interfering with their possession over the same and for declaration that the sale deed dated 30.09.2014 executed by defendants 1 and 2 in favour of defendants 3 and 4 is null and void.
3. As per the plaintiffs, the suit lands were earlier held by Babulal, predecessor in interest of defendants 1 and 2. On 04.07.2005 he had entered into an agreement to sale with respect to the same in their favour for a consideration of Rs.4,80,000/- upon payment of the entire consideration. The plaintiffs have been in possession of the suit lands ever since then as owners thereof. However, by a reg
A person in settled possession is protected against forcible dispossession by the true owner without legal recourse, even if the title is disputed.
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.
A person in peaceful and settled possession is entitled to protection against dispossession without due process, even from the rightful owner.
Where once a suit is held not maintainable, no relief of injunction can be granted.
The main legal point established in the judgment is that where there is merely an interference with the plaintiff's lawful possession or threat of dispossession, it is sufficient to sue for an injunc....
A permanent injunction suit is not maintainable when complicated questions of title arise, necessitating separate declaratory proceedings.
The plaintiff, having lost the case on title dispute, was not entitled to permanent injunction against the true owner.
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