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Nischit C. Jain (business)     28 August 2009

permanant injuction suit without possession

My father purchased bunglow in name of my uncle in 1970. He pay all money and also having receipts of it. Further he also have possession of bunglow since 1970. Now my uncle file a suit for permanent injuction to restraining us from sale of bunglow. I came to know that suit for permanent injuction without having possession in not maintainable but I don't have any solid decision of it. I want some ruling on the same.



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 7 Replies

Y V Vishweshwar Rao (Advocate )     28 August 2009

Whether the suit is  only for Injunction Not to  Sell , is  there any other releif  prayed for in the suit  !

adv. rajeev ( rajoo ) (practicing advocate)     29 August 2009

your uncle is sought injuction order not sell the property, definately he can seek.

Nischit c. Jain (accountant)     29 August 2009

no he only ask for injuction

Deekshitulu.V.S.R (B.Sc, B.L)     30 August 2009

In the suit is there any declaratory relief regarding the ownership of the property. DID he at least allege the same in the plaint.

The suit for injunction rrefraining you from selling the property is maintainable. But with the same he cannot do any thing. The said suit is unnecessary. 

As a trick, may I suggest you to file a suit against him, to protect from him, that he is trying to interfere with your posession under the guise of his suit.  In the suit also plead that the property is absolutely yours andthat your uncle has no say in the samek

Sandeep Bhargava (Advocate & Notary)     20 September 2009

The suit is not maintainable without claiming possesion as per section 36 & 42 of the specific relief act

prashant kumar pandey (lawyer)     02 October 2009

The suitis not maintainable.no possesion no injection.only ask for injuction

Nischit C. Jain (business)     03 October 2009

NO, it is only for injuction and no other relief asked by him.


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