1981 Supreme(MP) 393

M. L, Malik, J.
Rajkumar v. Desai
S. A. No. 600 of 1980 (J); Decided on 17-7-1981.

Headnote:Specific Relief Act, 1963 -S. 38-suit for injunction based on possession -question of title need not be decided-person claiming better title cannot take law in hands-he should approach machinery of law to obtain possession.

        The sub-stential question of law on which the appeal has been admitted in "whether it was necessary for the trial Court to have decided question of title in a suit which is one for injunction based on possession? While admitting the appeal, the plaintiffs possession over the suit plot has been retained by passing a status quo order.

       

        Held: In a suit for mere injunction, it is not necessary that the plaintiff must seek a declaration of his title. Absolute ownership is not an essential condition for obtaining injunction. If a person is in the enjoyment of a right, he may apply that his right of enjoyment is non disturbed by a person unless that person has a better title, which he must establish in a Court of law. The person having superior title cannot take the law into his own hands. He must obtain possession through the· machinery of law and till he reposts to that machinery, he could be restrained by an injunction. An authority to the point may be cited. Ramappa v. Tayayya (AIR 1968 Mysore 32). AIR 1936 Mad. 936 relied on. Appeal allowed.