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NRV   09 October 2021

Jurisdiction for permanent/ perpetual injunction ??

Jurisdiction for declaration of title depend on suit land market value, if suit is for permanent injunction, what is base?..same like declaration title on land market value? or some else??


 2 Replies

Adv. Deepak (Advocate)     26 October 2021

Before granting permanent injunction, Court will definitely answer the issue as to the title and possession of the suit property.  Hence the market value of the suit property will be considered.

minakshi bindhani   27 November 2021

As per your query!

Kasturi Lal Sachdeva case, the property has to be valued as per Section 7(iv)(d) of the Court Fees Act for the relief of injunction and therefore the market value of the suit property has no relevance.

In a suit filed under Section 38 of the Specific Relief Act, a 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.

Hope it is useful!
Regards
Minakshi Bindhani

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