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Injunction to restrain disturbing possession

 

plaintiff, who is in possession of the suit property, can get injunction restraining the defendant from disturbing his possession.,

 

 Once the finding of lawful possession goes in favour of the plaintiff, that should be the end of the matter, and, therefore, it is only to be seen as to whether theplaintiff would be entitled to an injunction as prayed by her, of restraining the defendants from dispossessing her otherwise than by due course of law. The suit, as has been filed, is perfectly legal. It has been held by the Division Bench of our own Court in Fakirabhai Bhagwandas v. Maganlal Haribhai that it is not necessary for a
person claiming injunction, to prove his title to the suit land. It is sufficient if he proves that he is in lawful possession of the land and his possession is invaded or threatened to be invaded by a person who has no title whatever. The legal position is settled by a view taken by the Apex Court in M. Kallappa Setty v. M. V. Lakshminara-yana Rao , wherein the Supreme Court held that the plaintiff, who is in possession of the suit property, can, on the strength of his possession, pesist interference from defendant who has no better title than himself and get injunction restraining the defen


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 1 Replies

A.VIVEK ADVOCATE (ADVOCATE)     20 January 2013

PLEAE CONTACT YOUR ADVOCATE


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