Possession alone suffices for an injunction claim against interference, without needing to establish title, unless genuinely disputed.

1.The petitioner is the plaintiff in Regular Civil Suit 1040/2021, who instituted seeking a decree of declaration that the interference of the respondent/defendant in the plaintiff’s possession over the suit property is illegal and further seeking consequential mandatory and permanent injunction, and is aggrieved by the order dated 22-10-2021 rendered by the learned trial Judge whereby, while deciding an application under Order VII Rule 11 of the Code of Civil Procedure (Code) preferred by the defendant, the learned trial Judge directed the plaintiff to value the suit properly and to pay deficit court fees.

2. The learned trial Judge observes that the pleadings of the plaintiff, if read as a whole, would indicate that the suit is virtually a suit for declaration of ownership of the plaintiff with consequential relief of mandatory and permanent injunction. It is on such premise, that the plaintiff is directed to value the suit and to pay deficit court fees.

3. The plaintiff asserts, that the defendant-husband executed in her favour Gift-deed dated 20-5-2020 which was duly registered. The plaintiff asserts, that her marriage with the defendant ran into rough weather and the couple decided to obtain divorce by mutual consent subject to certain conditions, one of which was that the suit property shall be gifted in favour of the plaintiff. According to the plaintiff, while the proceedings to obtain divorce by mutual consent were pending, in September 2021 the defendant attempted to interfere with her possession. The relevant pleadings read thus :

“15. Accordingly, in view of terms fixed between the plaintiff and defendant for getting mutual divorce, the defendant on 15-4-2020 issued a cheque bearing No.996969 of Rs.8100000/- (Eighty One Lac) to plaintiff out of his S.B.I. bank account No.36959403719, which was deposited by plaintiff in her account No.30292874233 and get it transfer. Thereafter, two Gift Deeds that is of residential house and suit property was executed in favour of plaintiff by defendant on 20th May, 2020 vide registered document No. NGP-4- 2273/2020 and NGP-4-2273-2020 respectively, in all sense of mind and willing, without any coercion, pressure or threats, but purely as per decided terms between the parties but out of love affection which he has always claimed. All was done with view to offer a wife and daughter a security and stability in life any making them financially independence. Thereafter the plaintiff was put in actual possession of suit property and then plaintiff put her lock to the premises and then only the plaintiff and defendant jointly filed petition for mutual divorce under Section 13(B) of Hindu Marriage Act on 29-12-2020 before Family Court, Nagpur and then on first date that is on 11-1-2021 marriage counselling was done. The defendant participated in said counselling before marriage counselor and admitted, verified the contains of the petitions and made statement before counselor that he do not want live with plaintiff. However, since period of judicial separation was to be over, therefore, matter was kept pending for marriage counselor report.

16. However, meanwhile in month of September, 2021 something went wrong in the mind of the defendant. He most probably on instigation of second wife and her inmates have change the mind and he under their pressure and control, started attempting to interfere in the possessions of the plaintiff over the suit property, by erecting some additional structure and thereby tried to interfere in the possession of the plaintiff.

17. He on or about 20-9-2021 without any right and authority or without obtaining building sanction, started material modification in existing structure of the suit prope