bare injuction suit is it maintainble

Sir,

You havenot clarified about  who is in possession of the property?If the Plaintiff is the Owner of the Proeprty and in physical possession of the property and he is granted Injunction against  thrid party interfiering peaceful possession of the property by the Plaintiff ,then Plaintiff need not to seek declaration.Or else if the third party is in possession and the Plaintiff has filed a suit for possession and if the thrid party denythe title,then the plaintiff should seek for declaration of title.

sir, plaintiff is in possession of the property, but either the plaintiff or his elders  has no title over the disputed property, the same was admitted by the PW1during his cross exmination and also admitted that land on which the disputed house was constructed is belongs to the father of the defendant, kindly suggest with case law
 

Sir,

Who is having Title Over the site  ,please clarify.

Injunction petition can not be filed without a pending suit. So filed declaratory suit over the said property along with a petition for Injunction. Pleasec also note that declaratory decree can be granted by the Court  even without a dispute unedr CPC.

Hello,

A suit for bare injunction without seeking declaration of title is not possible when there is a cloud in title.  If the plaintiff is in possession of the property without title deeds, then he has seek declaration that he has prescribed title by adverse possession.

L. Vinoba

Advocate.

Dear Manikumar,

I believe one can always file a "Perpectual Injunction Suit" based on possession asking relief "to not interfere". In the same suit an I.A can be filed asking for temporary injunction for the same.

Since you mentioned there is a cloud on titile, you will also need to establish how you came into possession (i.e legally or illegally). As Mr. Vinoba pointed out, your client will need show open, hostile and continous peaceful possession for period of 12 years or more on the same property (proof requirements are very strict).

Srinivas

no only suit for bare injunction is not maintainable with out seeking the relief of declaration. kindly go through this citation AIR 2008/09 SC 2033, by Hon'ble justice Raveendran you will get the clear idea.

with regards.

mohd.qadeer.m

advocate