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
institution of the suit : 23.07.2010
Nature of the suit : Declaration, Mandatory
Injunction, possession &
Permanent Injunction
Date of commencement of : 29.01.2015
Recording of the evidence ... ruled that:
"Person in settled possession or
effective possession without title would
entitle him to protect his possession even as
against the true owner
possession and enjoyment of the same and the
defendant is interfering in such possession. The suit in
OS.1429/08 is one for permanent injunction ... declaration of
ownership and for other reliefs like permanent injunction,
vacant possession etc. Among two suits, OS.2295/10 is for a
greater relief
plaintiffs against the
defendants seeking the relief of mandatory injunction,
possession, permanent injunction and for damages.
2. In brief the case of the plaintiff ... contended that the
plaintiff has filed the present suit for mandatory
injunction, possession, permanent injunction and for
damages against the defendants. He further
contended that
possession
or not able to establish possession, necessarily the plaintiff will have to file a suit for
declaration, possession and injunction.
17. To summarize ... 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. We may however clarify ... 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
that long and continuous
possession by itself would not constitute adverse possession if it
was either permissive possession or possession without animus
possidendi ... seeking
possession for himself not in possession and there is no meaning
in saying recovery of effective possession for not at all in
possession
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."
R2 Razia
choose to ask for possession. The lower appellate Court, as already stated, thought that even without possession an injunction could be granted ... plaintiffs are found to be in possession of the properties and when they are not in possession no injunction could be granted
