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Supreme Court Of India

(From : AIR 1999 Andh. Pra. 188)

Hon'ble Judge(s): R. V. Raveendran, P. Sathasivam , JJ

(A) Specific Relief Act (47 of 1963) , S.38— Prohibitory Injunction relating to immovable property - Suit for - Scope of. The position in regard to suits for prohibitory injunction relating to immovable property, is summarised as under : (a) Where a cloud is raised over plaintiff's title and he does not have possession, a suit for declaration and possession, with or without a consequential injunction, is the remedy. Where the plaintiff's title is not in dispute or under a cloud, but he is out of possession, he has to sue for possession with a consequential injunction. Where there is merely an interference with plaintiffs lawful possession or threat of dispossession, it is sufficient to sue for an injunction simpliciter. (b) As a suit for injunction simpliciter is concerned only with possession, normally the issue of title will not be directly and substantially in issue. The prayer for injunction will be decided with reference to the finding on possession. But in cases where de jure possession has to be established on the basis of title to the property, as in the case of vacant sites, the issue of title may directly and substantially arise for consideration, as without a finding thereon, it will not be possible to decide the issue of possession. (c) But a finding on title cannot be recorded in a suit for injunction....