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Neha Puri   18 February 2022

permanent injunction

the plaintiff have neither the ownership nor the possession over the suit land whether his suit for permanent injunction is maintainable before civil court


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 2 Replies

Palak batra   18 February 2022

Dear Querist, 

 

It is important to hold the title of the land in case of permanent injunction. This is a very fundamental premise on which relief from such civil cases works. 

 

Shanti Bai v. Narbada and Ors. (2019) SCC All 4627 talks about the same that it becomes necessary to ascertain who the actual owner of the property is. The Plaintiff, who seeks injunction, must prove better title than the person who is allegedly interfering with the possession.

 

Regards,

Palak

 

Joint Secretary   01 March 2022

Dear Querist


No, if you are not in possession over the property in question you can not file the case for permanent injunction.
I hope my answer was valuable for you.
Vivek Kumar Singh
Advocate
District , Family & High Court Lucknow
Phone No. 9889166094

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