When a title dispute is settled against the plaintiff, a permanent injunction against the true owner cannot be granted- Supreme Court
When a dispute; over title is resolved against the plaintiff, the Supreme Court stated that; a claim for permanent injunction against the genuine owner of the property is not maintainable.
The trial court; refused to award the remedy of cancellation of the sale deed and declaration in this matter, holding that; defendant purchased the entire subject property under the registered Sale Deed dated 17.06.1975. The trial court, on the other hand, granted a permanent injunction.
The defendant’s appeal dismissed; by the First Appellate Court. The High Judge dismissed the second appeal, holding that; the permanent injunction sought by the original plaintiff constituted substantive rather than consequential relief, and that; the trial court was correct in issuing the permanent injunction to the plaintiff.
The Supreme Court’s question is whether; the plaintiff is entitled to a permanent injunction against the true owner, particularly when the plaintiff has lost the title, and whether the plaintiff can then argue that despite having lost the title, her possession be protected by way of injunction and that; the true owner must file a substantive suit claiming ownership.
The court recognized that; the plaintiff’s major reliefs in the claim were cancellation of the sale deed and declaration, and that; the permanent injunction was just an incidental relief.
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