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1 - 3 of 3 (0.53 seconds)Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs & Ors on 25 March, 2008
In such circumstances, the position of the law has been laid
down clearly by the Hon'ble Supreme Court in case titled as
Anathula Sudhakar Vs P. Buchi Reddy (Dead) By Lrs & Ors on 25
March, 2008 (Appeal (civil) 6191 of 2001). wherein the Hon'ble Apex
Court held that "The general principles as to when a mere suit for
permanent injunction will lie, and when it is necessary to file a suit for
declaration and/or possession with injunction as a consequential
relief, are well settled. We may refer to them briefly. Where a plaintiff is
in lawful or peaceful possession of a property and such possession is
interfered or threatened by the defendant, a suit for an injunction
simpliciter will lie. A person has a right to protect his possession
CS No.1082/14/06 Page 5 of9
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against any person who does not prove a better title by seeking a
prohibitory injunction. But a person in wrongful possession is not
entitled to an injunction against the rightful owner. Where the title of
the plaintiff is not disputed, but he is not in possession, his remedy is to
file a suit for possession and seek in addition, if necessary, an
injunction. A person out of possession, cannot seek the relief of
injunction simpliciter, without claiming the relief of possession. Where
the plaintiff is in possession, but his title to the property is in dispute,
or under a cloud, or where the defendant asserts title thereto and there
is also a threat of dispossession from defendant, the plaintiff will have
to sue for declaration of title and the consequential relief of injunction.
Where the title of plaintiff is under a cloud or in dispute and he is not
in possession or not able to establish possession, necessarily the
plaintiff will have to file a suit for declaration, possession and
injunction. We may however clarify that a prayer for declaration will
be necessary only if the denial of title by the defendant or challenge to
plaintiff's title raises a cloud on the title of plaintiff to the property. A
cloud is said to raise over a person's title, when some apparent defect in
his title to a property, or when some prima facie right of a third party
over it, is made out or shown. An action for declaration, is the remedy
CS No.1082/14/06 Page 6 of9
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to remove the cloud on the title to the property. On the other hand,
where the plaintiff has clear the title supported by documents, if a
trespasser without any claim to title or an interloper... To summarize,
the position in regard to suits for prohibitory injunction relating to
immovable property, is as under:
The Code of Civil Procedure, 1908
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