others v. Perumal Gounder , it was held that an order of declaration and injunction cannot be granted as against the true owner. It is appropriate ... appellants/plaintiffs are not entitled to maintain the suit for declaration and injunction against the respondent/defendant, who is the true owner.
38. In this
suit property in respect of entire 57 cents. She prayed for declaration and injunction or in the alternative, for recovery of possession.
7. The appellant ... cents belong to the first respondent-plaintiff. Hence, the declaration and injunction has been granted. Now, the dispute is only in respect of southern
appellant as plaintiff filed the suit for declaration of title and injunction stating that the suit property originally belonged to the joint family ... their share, the appellant-plaintiff is not entitled to any declaration and injunction as prayed for in the plaint. I am forced to concur with
title and hence, he ought to have filed a suit for declaration and injunction. He further relied upon the decision reported in AIR 1968 Supreme ... surplusage if the plaintiff can get the relief of injunction without praying for declaration, but that the declaration has to be prayed for where
follows:
The suit filed by the plaintiffs without declaration for permanent injunction alone is not maintainable. O.S.No.85 of 1987 filed ... plaintiffs, the plaintiffs ought to have filed the suit for declaration of title and injunction and hence, the suit itself is not maintainable
trial Court, dismissing the suit filed by
him, for declaration and injunction.
2.The appellant, as plaintiff filed a suit for declaration and
injunction stating ... suit on behalf of the second defendant also
for declaration of title and injunction. The first defendant has no right
over the property. The first
maintainable and they ought to have sought for relief of declaration and injunction. At this juncture, it is appropriate to consider the decision reported ... title and hence, the suit ought to have filed for declaration and injunction. Those facts has not been considered by both the Courts below
suit for declaration of title?"
6. The respondent as a plaintiff filed a suit for declaration of title and
injunction stating that ... true that the respondent/plaintiff filed a suit for declaration
and injunction, he ought to have prove the case. There is no quarrel over
suit in O.S.No.209 of 1998 for declaration of title and injunction stating that the suit properties are belonging to the first respondent ... suit itself is not maintainable and the appellants cannot claim declaration of title and injunction on the basis of the adverse possession. Therefore, he prayed
injunction.
2.The appellants as plaintiffs filed a suit for declaration and
injunction stating that the property is self acquired property of one
Sankarakumara Pillai ... appellants as plaintiffs filed a suit for declaration of
title and injunction on the basis of Will dated
