VRK (business) 15 October 2021

Declaration of title suit without recovery of pocession

property with us, but some people disturbing us with voidable documents, we file only declaration of title without recovery of possession, because still we have possession. Some suggesting permanent injunction suit for this but we preferring declaration of title. Permanent injunction only for who is in possession, we must prove their documents are voidable and we are correct owners, is it correct going for declaration of title? compare with permanent injunction declaration of tile only expensive, but case more establish.

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Badal Dayal Advocate (Advocate) 15 October 2021

Greetings of the day!!

In my opinion, you must go for suit for permanent injunction as you are in possession and file police complaint and go for registration of FIR against culprits if any forged and fabricated document w.r.t. your property comes in front of you. Suit for Declaration will not be an appropriate step at this stage. Why would you give more oxygen to fire which they want to ignite.

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G.L.N. Prasad (Retired employee.) 16 October 2021

When you are enjoying possession and get disturbed by grabbers, make a complaint to the police of the nuisance and through the police to get a bind over not to disturb your peaceful possession and warning to them to approach the proper court for remedy through suit in the civil matter.

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