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suku tony   11 August 2020

meaning :who wins tha case ,defender or plantiff

“ Even the plaintiff found in possession but his title to the
property is in dispute, or under a cloud or where defendant
asserts title the plaintiff has to sue for declaration of title and
for consequential relief “.
31: To the instant case all the decisions relied upon by the
learned counsel for the defendant aptly applies and also it is very clearly
held by the Hon’ble Apex court in the above decisions in Civil appeal
No.xxxxxxccc that the remedy for
the plaintiff is to seek for declaration
of title and not for merely seeking for permanent injunction. To the
Instinct case much prior to instant suit under Ex.B5 itself defendant
disputed title of the vendors of the plaintiff. When such is the case the
suit ought to have been filed for declaration of title. Therefore merely
seeking for permanent injunction wherein court is constrained only to
look into possession and also only rights of the parties incidentally. To
the instant case the defendant has placed better rights in the light of
old document Ex.B5 and also shown possession. Therefore suit for mere
permanent injunction wherein there is a serious dispute over title mere
suit for permanent injunction cannot be maintainable and the suit of the
plaintiff was rightly dismissed by the learned Junior Civil Judge,


 5 Replies

Sourav Das (Advocate Supreme Court of India)     12 August 2020


1 Like

G.L.N. Prasad (Retired employee.)     12 August 2020

Nothing can be said in these suits unless the facts are fully studied.   Facts and circumstances may differ from case to case.  Why the plaintiff is in Possession and since how long, and how he lost the title, and under what circumstances must also be studied.

According to Sri Sourav Das, the defendant may win the case, as he is having the title.  He is perfectly right.

What type of title and how the defendant acquired his title is also crucial.

It is also true that Courts insist on filing a declaration suit in such cases, but if the plaintiff pleads that those actions of the defendant can not bind him, and he is not a party to such transactions, etc., he need not file declaration suit.  (This is also controversial)

In case of such disputes, courts generally take both Injunction and main suit together for hearing. and the reasons for dismissal of the suit of plaintiff by Junior Judge and grounds are also important to further guide.

When the suits are handled by Advocates, concerned advocates may be in a position to guide properly.

1 Like

niranjan (civil practice)     12 August 2020

pltff.can file suit for merely on his possession to prevent deft.to take forcible possession of land and in that case suit is maintainable if he can prove possession.if deft.claims title he can file counter claim and seek possession of the property on his title.

P. Venu (Advocate)     12 August 2020

The posting suggests that the plaintiff's suit for permanent injunction has been dismissed by the plaintiff and this has been upheld in appeal. However, the judgment, by itself, would not entitle defendant to enforce possession or safeguard the plaintiff against eviction, though the due process of law, if his title to the property is defective.

Dr J C Vashista (Advocate)     13 August 2020

Reframe the facts of the query if it is real and not a fake and time-pass.

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