जमीन से जुड़े मुकदमे में कोर्ट से कब Permanent Injunction की राहत मांगी जाए और कब नहीं?(Oct, 2022)

#Property_Disputes #Suit_for_Possession #Permanent_Injunction
What relief should be prayed for in a suit related to land?
When a suit with only relief of injunction (व्यादेश OR निषेधाज्ञा) is maintainable?
A person files a suit for permanent injunction saying that he has purchased the vacant land through registered sale deed and he is in possession and his possession is being disturbed. His opposite party files reply in court that he is in possession as he has purchased the land by registered document.
We need to understand that: When a suit for prohibitory injunction relating to immovable property is not a proper suit and it needs to change once stand of opposite party comes.
Where the issue is only an interference with the lawful possession or threat of dispossession, it is sufficient to file a suit for injunction simpliciter. Because this is a substantial relief.
But the situation is not so simple in every case. There are two kinds of reliefs: Substantial (वास्तविक या मुख्य राहत) and consequential relief (परिणामी राहत).
Relief for simplicitor injection will not be granted once title is disputed.
Let us understand the cases:
First scenario: When the opposite party does not dispute title, then the suit for injunction is maintainable. Which rarely happens.
Second Scenario: When the other party does not dispute the title but claims his possession or able to show the possession or disputes of possession is established.
Then it is advisable that the suit should be amended for adding prayer of seekig possession of the suit property.
Third scenario: When the opposite party disputes the title and claims his possession, means neither title is clear nor possession is admitted.
Amendment requires to convert the suit for declaration and possession, with or without a consequential injunction, is the remedy.
Fourth scenario: Where one has a clear title or there is no dispute on title but if he is out of possession, then
The person needs to file a suit for possession with injunction as a consequential relief.
In 30 years the case travels to Supreme Court.
Anathula Sudhakar v. P. Buchi Reddy, (2008) 4 SCC 594
Justice Ravindran
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