Permanent injunction-consequential relief
praveen
(Querist) 04 June 2017
This query is : Resolved
We filed a suit for declaration with consequential relief of permanent injunction. we have only revenue records to prove ownership. The property was ancestor property and it came to our share and we are in possession for more than 30 years
One of the other member in our family of the property sold the same property through registered deed to someone in the same village. the property was also sold 20 years back and vendor has not taken any steps to take property from us
Now the person who has taken the property has come to deposses us and hence we filed for declaration suit. Since we don't have anything other than RTC in our name for more than 30 years declaration is not granted. However our possession was accepted by the person who purchased the property In cross examination they mentioned that we are only in possession and the person who sold the property from our family also accepted our possession
Since declaration suit is failed, the permanent injunction is only a consequential relief the first appellate court has not given us the permanent injunction also in spite our possession for more than 30 years is accepted by the purchaser also.
What is the relief for us now. The case is in highcourt now. Can we still claim Permanent injunction though we failed declaration suit considering we have only revenue records.
Can you share any case law for this.
P. Venu
(Expert) 05 June 2017
No definite suggestion is possible unless the documents are seen.
Rajendra K Goyal
(Expert) 05 June 2017
Full case file and orders of court need to be referred, discuss with your lawyer.