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basavaraj shiromani (Advocate)     11 January 2022

Cause of action

Whether the below mentioned para creates cause of action to file permanent injunction "
'The cause of action to file the present suit arose in the month of September 2019 when the plaintiffs got the knowledge about the wrong entries in the record of rights of the suit property and it also arose when the defendant No: 1 did not pay any heed to their request to givce consent to rectify the mistake and it also arose when the rumors spread in the village about the defendant No: 1's intention to sell the suit property'


 2 Replies

Aryan Raj   12 January 2022

In response to your query,

A permanent injunction also known as perpetual injunction is one that is delivered at the time of the final judgement, and therefore is more often than not, prevalent for a longer period of time.

In a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property. The burden of proof lies upon the first respondent-plaintiff to prove that he was in actual and physical possession of the property on the date of suit.

Based on the provided facts I think it is possible that a permanent injunction can be ordered by the court.


Aryan Raj

basavaraj shiromani (Advocate)     13 January 2022

Thank you very much for your kind attention Aryan, but my question is regarding the para given, whether it creates any cause of action to file a suit for permanent injunction against the defendnat ?. because whatever allegation is made in the plaint para is not against the defendnat. in one way the plaintiff alleges that 'he came to know the wrong entries in ROR in a month of Sept 2019' further he alleges that ' the defendnat did not pay any heed to their request to give consent to rectify the mistake' further 'when the rumors spread in the village about the defendant No: 1 intetion to sell the suit property'  But there is no any single allegations againt the defendant regading any illegal acts done on his behalf against the plaintiff.  Sec 34 of the specific releif act is very clear in this way.  Therefore in my opinion there is no casue of action to file suit against the defendnat. one thing.  And if at if the Plaintiff wants to rectify the revenue records, it vest with the revenue court but not before the Civil Court which oust the jurisdiction of Civil Court u/s 61 of the Karnataka Land Reenue Act. 

thank you very much sir.




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