filed by husband Mr. Phiraya Lal of
the plaintiff for mandatory injunction and possession, which suit
was later dismissed by the concerned civil judge ... suit (i.e. whether the plaintiff is entitled to relief of possession and
injunction) was also a matter directly and substantially in issue
possession or not able to establish possession, necessarily the plaintiff will
have to file a suit for declaration, possession and injunction.
12. We may however ... cloud, but he is out of possession, he has to sue for
possession with a consequential injunction. Where there is merely an
interference with plaintiff
found that the plaintiffs possession is wrongful, it immediately followed that such possession is not entitled to protection by an injunction, because such an order ... lawful possession. If the plaintiffs are not in lawful possession, they cannot seek an order of interim injunction. (vide City Municipal Council, Shimoga v. Laxminarayana
damages to the appellant instead of granting a decree for possession and mandatory injunction directing the respondent to demolish the latrine ... filed, without suing for possession of the land.
However, when the suit is for possession and mandatory injunction is asked for merely as an ancillary
title and he does not have
possession, a suit for declaration and
possession, with or without a
consequential injunction, is the
remedy. Where the plaintiff ... cloud, but
he is out of possession, he has to sue
for possession with a consequential
injunction. Where there is merely an
interference with plaintiff
possession or not able to
establish possession, necessarily the plaintiff will have to
file a suit for declaration, possession and injunction.
14. We may, however ... cloud, but he is out of possession,
he has to sue for possession with a consequential
injunction. Where there is merely an interference with
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 ... possession or not able to
establish possession, necessarily the plaintiff will have to file a suit for
declaration, possession and injunction.
14. We may however
cloud, but he is
out of possession, he has to sue for possession with a consequential injunction.
Where there is merely an interference with plaintiff ... person/plaintiff to protect his possession if such person is in
wrongful possession, and therefore, injunction cannot be granted to a person in
unlawful possession
possession or not
able to establish possession, necessarily the plaintiff will have to
file a suit for declaration, possession and injunction.
14. We may however ... cloud, but he is out of
possession, he has to sue for possession with a consequential
injunction. Where there is merely an interference with plaintiff
possession or not
able to establish possession, necessarily the plaintiff will have to
file a suit for declaration, possession and injunction.
14. We may however ... cloud, but he is out of
possession, he has to sue for possession with a consequential
injunction. Where there is merely an interference with plaintiff
