Permanent injunction
Rastogi
(Querist) 07 June 2016
This query is : Resolved
Property dispute between two brothers A & B.
Brother A(Plaintiff) instituted a suit for permanent injunction. Permanent injunction is the only relief claimed by Plaintiff.
Documents submitted by Plaintiff, Tax receipts.
Brother B(Defendant) filed written statement saying it is ancestral property and He is in possession. He also submits Electricity connection in his name. Thought as per Muncipal records Plantiff name is appearing as owner.
Query
Can Defendant argue that Plaintiff has claimed only for Permanent injunction and not for declaration.Hence suit should be dismissed
I was told when there is a serious cloud(Dispute) over tittle, mere permanent injunction suit is not maintainable. It should be declaration with permanent injunction suit should be filed.
Citation: Anathula Sudhakar Vs P Buchi Reddy. Supreme court .
Ajay Bansal
(Expert) 08 June 2016
Suit for permanent injunction without declaration is maintainable if the plaintiff has a title on suit-property. But only name of the plaintiff in Municipal record as owner can not be said as a title of said property in his favour.
Rajendra K Goyal
(Expert) 09 June 2016
Full case file need to be referred, discuss with your lawyer.
T. Kalaiselvan, Advocate
(Expert) 11 June 2016
The plaintiff's case is just injunction and not for declaration.
Let the defendant contest the suit accordingly, why should he volunteer to inform the court that the plaintiff has not asked for declaration hence the suit may be dismissed etc.
If this issue not included by plaintiff it will be an adverse inference and may even become fatal to his own case, so let the defendant confine to the present case and his defence to that alone.
He need not tutor the plaintiff lest he may lose his case once the plaintiff learns about this lacuna and comes out with an amendment petition to include the said relief too.
Rastogi
(Querist) 12 June 2016
Kalaiselvan sir, the case is in first appeal. Lower court granted permanent injunction to plaintiff. Hence in the first appeal we were contemplating to raise this. Would u still suggest defendant not to raise this point?
