permanent injuction without claiming possession
Nischit c. Jain
(Querist) 03 August 2009
This query is : Resolved
We are leaving in a house since last 35 year, actually purchase by my father in name of uncle. later on he give us power of attorney and sale agreement mentioning he recieved consideration.now my uncle file a suit for permanent injuction and cancellation of sale agreement without claiming possession. I want to know that whether suit for permanent injuction without claiming possession stands? I heard somewhere that suit for permanent injuction without claiming possession is not maintainable. I want case law for same.
Y V Vishweshwar Rao
(Expert) 03 August 2009
You have to go through the Pliant/once again - it may be suti for declaration suti to declare that the sael Agreement as null and void -and might have claimed for injunction agaisnt you not sell the proerty pendign the suit
A suit for peramanent injunction (not to inerfer with plaintiff's possession ) with out Possession of plaintiff is not correct- it will not stand in Court and it has no merits(Suit not be Registered)
In a suit for declaration of any thing/any declaration , all the connected relevies shall be pleaded in the same suit and prayed for by the plaintff/(Your Uncle) - otherwise, subsequently, he is not entitled to plead /claim for the same -
Now , I think, Your Uncle is not claiming possesion or Title or recovery of possession and no Releif prayed for,for declaration of his Title and Recovery of possession from you- Contest the Suit for Declaration of Sale Agreement- as filed -(with your 35 years possession and GPA & Sale agreemtn) and get it dismissed !
Details may be mentioned for further consideration & opinion by other learned friends !
Kiran Kumar
(Expert) 03 August 2009
Mr. Rao is correct.
if possible pls paste the prayer clause of the suit here....or u can say the relief claimed.
then we ll be in a position give some advice.
Advocate SK Rohilla New Delhi
(Expert) 03 August 2009
Dear Mehul,
The rights and title to house is created in favour of your father and extinguished that of your uncle by passage of time under the provions of established statutory law.
In your case, your father had purchased the immovable property 35 yeras back in the name of your uncle(benami)and later on your uncle had given poa and entered into sale agreement and received whole consideration. The possession of immovable also given to your father.Firstly, the suit is not maintenable. Secondly,(I do not know contents of POA and ATS so cannot be commented upon specifically) but considering that POA is cancelled by your Uncle than also your father can enforce part performance of sale agreement. Thirdly, a suit for permanent injunction without praying possession is bad in law as it encourge multiplicity of suit and should not be registered.
SOLUTION: ENGAGE A GOOD LAWYER
adv. rajeev ( rajoo )
(Expert) 03 August 2009
I agree with Y.V.V.RAo. To claim the injunction possession is must and it has to be proved.
charudureja
(Expert) 03 August 2009
i agree with MR. Rao
Khaleel Ahmed Mohammed
(Expert) 03 August 2009
Maintainable of suit or not maintainable of suit is the discreation of the court. You are required to defend the suit on the basis of agreement and GPA executed by your uncle and adverse pocession of 35 years.
