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Padhiyar Prahladji Chenaji (Deceased) through L.Rs. Vs. Maniben Jagmalbhai (Deceased) through L.Rs. and Ors. - (Supreme Court) (03 Mar 2022)

Once a suit is held not maintainable, no relief of injunction can be granted

MANU/SC/0272/2022

Property

The original Defendant has preferred the present appeal against the impugned judgment and order passed by the High Court by which the High Court has dismissed the said appeal and has confirmed the judgment and decree passed by the trial Court further confirmed by the First Appellate Court granting injunction in favour of the original Plaintiff restraining the Defendant from disturbing the possession of the Plaintiff.

In the instant case as the Plaintiff cannot be said to be in lawful possession of the suit land, i.e., the possession of the Plaintiff is "not legal or authorised by the law", the Plaintiff shall not be entitled to any permanent injunction. An injunction is a consequential relief and in a suit for declaration with a consequential relief of injunction, it is not a suit for declaration simpliciter, it is a suit for declaration with a further relief. Whether the further relief claimed has, in a particular case as consequential upon a declaration is adequate must always depend upon the facts and circumstances of each case. Once a suit is held not maintainable, no relief of injunction can be granted. Injunction may be granted even against the true owner of the property, only when the person seeking the relief is in lawful possession and enjoyment of the property and also legally entitled to be in possession.

Once the rights of the parties are adjudicated and the Defendant No. 1 is held to be the true owner on the basis of the registered sale deed and on payment of full sale consideration, it can be said that due process of law has been followed and thereafter the Plaintiff is not entitled to any permanent injunction against the true owner.

All the Courts below have erred in granting permanent injunction in favour of the Plaintiff and against the Defendant No. 1, who is the true owner. After having held that, the Plaintiff had no title and after dismissing the suit qua the cancellation of the registered sale deed and the declaration, the Plaintiff is not entitled to relief of permanent injunction against Defendant No. 1-the true owner. The judgment and decree passed by the trial Court confirmed by the First Appellate Court and the High Court by the impugned judgment and order are hereby quashed and set aside. Appeal Allowed.

Tags : INJUNCTION   GRANT   LEGALITY  

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