Declaratory Suit & Interim Injunction

Civil Law

Declaratory Suit & Interim Injunction

Anathula Sudhakar vs. P. Buchi Reddy (Dead) by Lrs.

  1. Where a cloud is raised over the 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 interference with the plaintiff’s lawful possession or threat of dispossession, it is sufficient to sue for an injunction simpliciter.
  2. 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 an injunction will be decided with reference to the finding on possession. But in cases where dejure 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.
  3. But a finding on title cannot be recorded in a suit for injunction, unless there are necessary pleadings and appropriate issues regarding title [either specific or implied as noticed an Annaimuthu Thevar (supra)]. Where the averments regarding title are absent in a plaint and where there is no issue relating to the title, the court will not investigate or examine or render a finding on a question of title in a suit for injunction. Even where there are necessary pleadings and issues, if the matter involves complicated questions of fact and law relating to title, the court will relegate the parties to the remedy by way of a comprehensive suit for declaration of title, instead of deciding the issue in a suit for mere injunction.
  4. Where there are necessary pleadings regarding title, and appropriate issues relating to the title on which parties lead evidence if the matter involved is simple and straight forward the court may decide upon the issue regarding title, even in a suit for injunction. But such cases, are the exception to the normal rule that question of title will not be decided in suits for the injunction. But persons having clear title and possession suing for the injunction, should not be driven to the costlier and more cumbersome remedy of a suit for declaration, merely because some meddler vexatious or wrongfully makes a claim or tries to encroach upon his property. The court should use its discretion carefully to identify cases where it will enquire into title and cases where it will refer the plaintiff to a more comprehensive declaratory suit, depending upon the facts of the case.

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