Back
S. G. CHAPALGAONKAR
Aminabee W/o Turabuddin (Died through L. Rs. ) – Appellant
Versus
Shriraj Ahmed Ali – Respondent
JUDGMENT
The appellant/original plaintiff impugns judgment and decree dated 11.01.1995 passed by District Judge, Beed in Regular Civil Appeal No.111 of 1993, thereby upholding judgment and decree dated 15.04.1993 passed by Joint Civil Judge, Junior Division, Beed in Regular Civil Suit No.462 of 1988, thereby dismissing suit of plaintiff/appellant seeking decree of perpetual injunction against respondents/defendants.
2. The plaintiff instituted Regular Civil Suit No.462 of 1988 contending that she inherited suit property from her mother. She has constructed farmhouse and residing along with her children. She managed agricultural operation by hiring labour. Defendant no.1 is influential person and local MLA. He manged to get mutation in cultivation column of suit land behind her back. In the year 1987, she came to know about illegal mutation; hence, issued notice to defendant no.1 to which he failed to reply. On 17.10.1988, defendants obstructed her possession on the basis of illegal entry in mutation record. Therefore, suit is filed seeking decree of perpetual injunction.
3. The defendants refuted plaintiff’s claim contending that Hasmatbee, who is mother of plaintiff was the origin
Suit simpliciter for perpetual injunction is not maintainable where defendants have brought sufficient material creating doubt as to title of plaintiff.
A permanent injunction suit is not maintainable when complicated questions of title arise, necessitating separate declaratory proceedings.
Possession follows title; a person cannot seek injunction against the true owner even if in possession.
The plaintiff, having lost the case on title dispute, was not entitled to permanent injunction against the true owner.
The main legal point established in the judgment is that suits for injunction can be maintainable without seeking declaratory relief if the gift deed precedes the subsequent sale deed, and the plaint....
(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....
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
