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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
DEEPAK KHOT
Alok Shrivastav – Appellant
Versus
Rajendra Singh – Respondent
ORDER :
The present petition has been filed by the petitioner under Article 227 of the Constitution of India being aggrieved by the order dated 13.5.2025, annexure P/17, passed by 6th District Judge, Damoh, in Miscellaneous Civil Appeal No.7 of 2025, whereby the Miscellaneous Appeal filed under Order 43 Rule 1 CPC challenging the order dated 25.1.2025 annexure P/16 has been dismissed and the order dated 25.1.2025 allowing the application submitted by the respondent/plaintiff under Order 39 Rule 1 and 2 CPC has been affirmed.
2. It has been contended by the petitioner that both the courts below have committed grave error of law in not considering the documents in its true perspective. It has further been submitted that the findings arrived at bythe courts below are perverse to the evidence and material available on record. It has been submitted that the petitioner is a bonafide purchaser of the land in question through registered sale deed dated 10.6.2022, annexure P/8. It is submitted that the petitioner has purchased the land bearing survey number 262/1 ad measuring area 0.75 hectares situated at village Mauja Karaiya Hazari, Halka No.39, Tahsil Damoh, District Damoh.
3. It is submit
Injunctions cannot be granted against true owners unless the claimant demonstrates lawful possession, aligning with principles of equitable relief.
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.
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....
The main legal point established in the judgment is that convincing evidence is required to establish settled possession through adverse possession, and mere inferential circumstances are not suffici....
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.
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