MANISH KUMAR NIGAM
Meera Awasthi – Appellant
Versus
Ajeet Awasthi – Respondent
JUDGMENT
Manish Kumar Nigam, J.—Heard Sri Anand Kumar Srivastava, learned counsel for the petitioners and perused the record.
2. Present petition has been filed challenging the order dated 31.10.2023 passed by the Additional District Judge, Court No. 8, Kanpur Nagar allowing the Misc. Civil Appeal No. 81 of 2023 (Ajeet Awasthi v. Meera Awasti and others).
3. The facts of the case in brief are that the plaintiff/respondent no. 1 Ajeet instituted Original Suit No. 816 of 2020 (Ajeet Awasthi v. Meera Awasthi and others) in the court of Civil Judge (Senior Division), Kanpur Nagar for the relief of permanent injunction restraining the defendants, their servants, agents, employees, representatives, family members from interfering in the peaceful possession and enjoyment of the plaintiff over the house in dispute (House No. N 638, S Block, Yashoda Nagar, Kanpur Nagar). The case set up by the plaintiff/respondent no. 1 in the plaint in brief is that the plaintiff purchased the land out of his own income in the name of his mother namely Meera Awasthi and thereafter constructed a house from his own funds being House No. N 638, S Block, Yashoda Nagar, Kanpur Nagar and is living along with all
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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 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 ....
A person in settled possession is protected against forcible dispossession by the true owner without legal recourse, even if the title is disputed.
A family member of a tenant cannot claim legal rights to property or file for an injunction without asserting ownership or interest, demonstrating a lack of enforceable obligation under the law.
Defendants have established their title and the plaintiff’s claim for title has been negatived though his possession was confirmed. When his possession is claimed by virtue of title set up by plainti....
(1) Possession is good against all but true owner.(2) Plaintiff who has proved his right over property as well as possession over suit property, he is entitled for decree of injunction.(3) Even tresp....
Where once a suit is held not maintainable, no relief of injunction can be granted.
In a suit for injunction, the burden lies on the plaintiffs to prove prima facie case, balance of convenience, and irreparable loss, failing which the appeal may be dismissed.
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