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VRK (business)     23 September 2021

Permanent injunction vs declaration of title

when we go for permanent injunction, when we prefer for declaration of title? my friend has plot in Hyderabad, he purchased it in 1985, after that in 1995 that was sold by layout developer as acres to some one else. But layout developer sold this extent through GPA of his relative. observing GPA location show different, that GPA extent some other place in this survey number. From twenty years my friend plot enjoying that person. His sale deed also showing location different with my friend plot area. Now my friend which suit to file against occupant? occupant has title in that survey number, my friend too has title on his plot. Occupant has land and title, so what suit fit for my friend? permanent injunction suit? declaration of title suit? in which suit my friend get  interim injunction as ex parte order??  



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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 September 2021

Suit for declaration is a declaration from the court on any issue by way of a decree of the court. ... In other words, if a cloud is cast upon the title or legal character of the rights of the plaintiff in any manner, he is entitled to seek the aid of the court to dispel it by way of a suit for declaration. Limitation period in suit for declaration:- Article. 113, Limitation Act 1963 provided limitations for declaratory suits is three years from the date when the right to sue accrues. In a suit for declaration of rights or character and injunction the Plaintiff will have to substantiate/prove his rights as claimed thereof. Accordingly, the Court may in its discretion award the rights so prayed along with permanent injunction, if deemed fit and necessary in the facts of the case.
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