No Injunction Without Boundary: Essential Legal Principles in Property Disputes

For it has been pointed out in the course of this argument that the principle both of English Equity and the Roman-Dutch law, is that an injuction of this sort should not be granted- if the plaintiff can be compensated in damages. ... The District Judge granted an injuction ordering the defendant to remove the building. A. St. V. Jayewardene, K. C. (with him Ratnam), for defendant, appellant. Samarawickreme (with him Bartholomeuaz), for plaintiff, respondent. May 3.1, 1922. DE SAMPAYO J. ... He took the wall of the ....

2024 0 Supreme(Ker) 1037

and that without fixing the eastern boundary of the decree holders property the court cannot jump to the conclusion that the judgment debtor has violated the decree of injunction. ... As per the decree, injunction was granted restraining the defendant from trespassing into any portion of plaint schedule item no.1 lying on the western side of boundary shown in Ext C1(a) plan. ... The respondent entered appearance through counsel and submitted that the allegation that they have violated the terms of the decree and have rem....

2025 Supreme(Online)(Tel) 39724

and thereby set aside the injunction granted by the learned trial Court. ... But the learned appellant Court without considering the said documents, held that the aspect of the boundary dispute cannot be gone into at this juncture and further held that having considered, that the Ex.P8 prima facie establishes that plaintiff sold the land commencing from the land she held with ... And the lower appellate Court without considering the same has set aside the order passed by the learned trial Court Judge. 23. ... Thus the as....

2024 0 Supreme(Ker) 1707

2014 (2) KHC 108 to submit that a suit for fixation of boundary is maintainable without a prayer for recovery of possession. Reliance is also placed on the judgment of this Court in Davis Raphel v. ... (vii) Once the acceptability of the commissioner's report and plan is disputed by the plaintiff, can a decree of fixation of boundary can be granted based on that disputed plan, and the acceptability of C1(a) C2(a) plans are not finally decided by the trial Court after taking ... (ii) Can a decree of prohibitory injunct....

2024 0 Supreme(Ker) 92

Learned Amicus pertinently pointed out that a Commission to measure out the property has been taken out in the suit and the boundary line separating the plaintiff's property from the defendants' property was fixed, albeit there being no prayer for fixation of boundary sought for and granted. ... Secondly, learned counsel pointed out that the granted reliefs were only declaration of title and a prohibitory injunction. ... Varghese(supra) was relied upon to point out that when the decree is one for fixation of bo....

(5) In the plaint there is no averment that a common boundary existed and that boundary got obliterated. ... Whether the defendant, without any right or title to the said land forcibly entered into a portion of that land and is in possession thereof? 3. ... The plaintiffs sought leave to appeal from this Court against the judgment of the High Court and leave to appeal was granted on the following question of law. ... (4) In an action for the definition of boundaries plaintiff has to aver (1) that an ....

(2) Whether the defendant, without any right or title to the said land forcibly entered into a portion of that land and is in possession thereof? ... (2) In an action for the definition of the boundaries the Plaintiff has to aver, (i) that an ascertainable common boundary previously existed physically on the ground, and (ii) that such common boundary had been obliterated subsequently. ... In an action for the definition of the boundaries plaintiff has to aver (i) that an ascertainable common boundary previously ex....

2024 0 Supreme(Raj) 1064

Some more land was donated, however without 'patta',. The appellant constructed a boundary wall on the entire portion and made construction of building as per requirement. ... Notice without power could have been challenged at the appropriate stage before appropriate forum. Moreover, only for the aforesaid reason, the appellants could not have been granted relief in the suit unless the appellants proved their title to get relief of injunction. ... Further admission is that Khasra Nos.3930 and 3931 is of Municipality and ....

2025 Supreme(SRI)(SC) 9796

If a co-owner could sue a trespasser, in the same way a co-owner should be able to be sued without participation of other co-owners. However, such an action may not bind the other co-owners. ... that portion of such wall, fence, hedge or ditch which is beyond the line or boundary.” ... Lavinia, seeking a decree for demarcation of the common boundary between their land and that of the Respondent. ... It is a well-established principle of law that a co-owner could sue a trespasser without the participation of other co-own....

2025 0 Supreme(Ker) 718

First Appellate Court had not granted. ... The learned counsel for the petitioners submitted that the relief praying for erecting a permanent boundary on the lines specified in the plan submitted amounts to the execution of a decree for fixation of the boundary, which relief was not granted by the decree. 9. ... The Execution Court granted the relief of permitting the decree-holder to fix a permanent boundary on the destroyed lines with the assistance of the Amin, the Commissioner and ....

2021 0 Supreme(Bom) 1061

The 10% area of the open space where the construction is to be carried out comes to 1317.75 Sq.Metres only. The residents of the locality are not interested in the water reservoir. The respondents have placed on record the signatures of various persons residing in other localities. The construction cannot be left open without boundary wall and if the same is constructed it would be beyond permissible limits.

2016 0 Supreme(Ori) 620

So, undoubtedly this wall is the dividing wall between one room of the Khaprial roofed house on one side sold and two other rooms on the other side remaining unsold. 1 and 2 in so far as her claim of exclusive ownership over the wall is concerned. This by no stretch of imagination can be said to be the boundary wall as is understood in common parlance between the land of plaintiff and defendants. So the plaintiff’s case derives no support from Exts.

2014 0 Supreme(Del) 1598

It cannot be forgotten that grant of every injunction entails declaration of rights and no injunction can be granted without adjudicating conflicting rights of the parties. This follows from Section 34 of the Specific Relief I am, (without foraying into the aspect of whether the jurisdiction to grant declaration would also be barred) of the view that in these circumstances this Court ought to refuse to grant the relief of declaration also, which is but a discretionary relief. Thus, where grant of injunction is prohibited, such prohibition cannot be circumvented by instead g....

Dishonour Of Cheque

This follows from Section 34 of the Specific Relief It cannot be forgotten that grant of every injunction entails declaration of rights and no injunction can be granted without adjudicating conflicting rights of the parties. Thus, where grant of injunction is prohibited, such prohibition cannot be circumvented by instead granting declaration. I am, (without foraying into the aspect of whether the jurisdiction to grant declaration would also be barred) of the view that in these circumstances this Court ought to refuse to grant the relief of declaration also, which is but a d....

2011 0 Supreme(All) 1639

The Apex Court has taken view that survey of adjoining plots, it cannot definitely be said that disputed structure lies in the plot belonging to the plaintiff. Taking support of aforesaid judgments, learned counsel for appellant submits that unless and until property is identified and description of the boundary in the plaint is made, no injunction can be granted.