Aanaimuthu Thevar (Dead) By Lrs vs Alagammal & Ors on 12 July, 2005
(c) But a finding on title cannot be
recorded in a suit for injunction, unless
there are necessary pleadings and
appropriate issue regarding title (either
specific, or implied as noticed in
3
Annaimuthu Thevar ). Where the averments
regarding title are absent in a plaint and
where there is no issue relating to title,
the court will not investigate or examine
or render a finding on a question of title,
in a suit for injunction. Even where there
are necessary pleadings and issue, if the
matter involves complicated questions of
fact and law relating to title, the court
will relegate the parties to the remedy by
way of comprehensive suit for declaration
3 Annaimuthu Thevar v. Alagammal, (2005) 6 SCC 202
9
of title, instead of deciding the issue in
a suit for mere injunction.