Injunction on basis of possession
Adv M.D.Azhar
(Querist) 05 July 2013
This query is : Resolved
sir we haveone client who is not the owner,but he is in possession for last 25 years so we have filed a suit for decleration and interim injunction. when we filed a suit than original owner try to disposses the plaintiff and so that cross complained lodged by eachother. now my query is that plaintiff has the possessiom of immvoble property for which he has filed suit against the defendant. now to prove possession he has not revenue record but he is the payee of tax of land and surpanch has also given the certy that he has been in possession for last 25 years so is he entitled for interim relief if there is any judgments in facour of the plaintiff than suggest me.
Raj Kumar Makkad
(Expert) 05 July 2013
Judgments are based upon the facts of the case. If there are divergant claims of the possession over the suit property then the court has no other option but to award status quo order till the final disposal of the suit.
Rajendra K Goyal
(Expert) 06 July 2013
In the given facts it can be advised that in the court the case would be decided on the merits, court may grant status quo.
