AIR 2008 ALLAHABAD 27 ::2007 (6) All LJ 612 ::2007 (6) ALJ 612 ::2008 A I H C 612 ::(2007) 103 RevDec 617 ::(2008) 1 All RentCas 258 ::(2007) 4 All WC 3980 ::(2008) 70 All LR 660

Allahabad High Court

Hon'ble Judge(s): Tarun Agarwala , J

(A) Specific Relief Act (47 of 1963) , S.38— Civil P.C. (5 of 1908) , S.9— Permanent injunction - Simpliciter suit for injunction in absence of relief of possession - Is maintainable. Simpliciter suit for injunction is maintainable before a Civil Court and can be filed u/S. 9, C. P. C. If the plaintiff was threatened by defendants in any form by way of dispossession or by way of trespass, nuisance, etc., it is always open to plaintiff to approach the Civil Court and seek relief of permanent injunction against defendant. The plaintiff has to show that he was owner and in possession and establish his title and possession, upon which, the Civil Court would be duty-bound to grant a relief for injunction. The finding of appellate Court, that since relief for prossession was not claimed, the suit was not maintainable before a Civil Court, is patently erroneous. It is settled law that the Civil Courts has jurisdiction to a suit of civil nature except those which are expressly or impliedly excluded u/S. 9, C. P. C. The provisions of law which seeks to oust the jurisdiction of a Civil Court needs to be strictly construed. The averments contained in the plaint and the relief claimed by the plaintiff were crucial to decide jurisdiction of Civil Court. The plaintiff claimed that he was owner and in possession of plots in question. The fact that a portion ....