Ramji Rai & Another vs Jagdish Mallah (Dead) Through L.Rs.& ... on 4 December, 2006
7. Learned counsel for the appellants relies on a decision of the
Supreme Court in Ramji Rai and another v. Jagdish Mallah (dead)
through LRs and another; reported in AIR 2007 SC 900 that in a suit for
permanent injunction restraining the parties from doing acts and things
which may cause injury to the plaintiff, the question whether the plaintiff is
owner is not necessary. The plaintiff is entitled to sue for mere injunction
without adding prayer for a declaration of his rights. Therefore, the
appellate court fell in patent error in deciding a simple injunction suit and to
deal with it as though it were a title suit.