Nischit C. Jain (business) 28 August 2009
My father purchased bunglow in name of my uncle in 1970. He pay all money and also having receipts of it. Further he also have possession of bunglow since 1970. Now my uncle file a suit for permanent injuction to restraining us from sale of bunglow. I came to know that suit for permanent injuction without having possession in not maintainable but I don't have any solid decision of it. I want some ruling on the same.
Y V Vishweshwar Rao (Advocate ) 28 August 2009
Whether the suit is only for Injunction Not to Sell , is there any other releif prayed for in the suit !
adv. rajeev ( rajoo ) (practicing advocate) 29 August 2009
Nischit c. Jain (accountant) 29 August 2009
no he only ask for injuction
Deekshitulu.V.S.R (B.Sc, B.L) 30 August 2009
In the suit is there any declaratory relief regarding the ownership of the property. DID he at least allege the same in the plaint.
The suit for injunction rrefraining you from selling the property is maintainable. But with the same he cannot do any thing. The said suit is unnecessary.
As a trick, may I suggest you to file a suit against him, to protect from him, that he is trying to interfere with your posession under the guise of his suit. In the suit also plead that the property is absolutely yours andthat your uncle has no say in the samek
Sandeep Bhargava (Advocate & Notary) 20 September 2009
The suit is not maintainable without claiming possesion as per section 36 & 42 of the specific relief act
prashant kumar pandey (lawyer) 02 October 2009
The suitis not maintainable.no possesion no injection.only ask for injuction
Nischit C. Jain (business) 03 October 2009
NO, it is only for injuction and no other relief asked by him.
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