Even a Trespasser Could Obtain Injunction If The Possession Is Established: SC
The Supreme Court had upheld a decision made by The Madras High Court judgment regarding the decreeing an injunction suit over an established possession of a property by a trespasser.
The Bench comprising Justice Ashok Bhushan, R. Subhash Reddy, and MR Shah stated that “The plaintiff cannot seek for a bare permanent injunction without seeking prayer for declaration will not apply when the plaintiff’s possession over the property is ‘admitted and established’.
The plaintiff had filed a suit seeking a permanent injunction against the defendant from disturbing the peaceful possession and enjoyment of the plaintiff suit property.
A bare permanent injunction cannot be asked without prayer for injunction. The suit of the plaintiff cannot merely be dismissed on the mere fact that the defendant has failed to prove their title and possession.
Taking note of the facts brought on the table, the bench observed and examined the pleadings that the defendant had earlier filed a suit for recovery of possession for the same property, and the same was dismissed as in his cross-examination, he himself admitted that the plaintiff had purchased the said property and thereafter had demolished the existing construction on the said property.
The Supreme Court has stated that “We do not find any error in the view of the High Court. And, the suit for injunction filed by the plaintiff deserved to be decreed on the basis of admitted and established possession of the plaintiff. The court observed while dismissing the appeal.’’
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