Suit For Mere Injunction Not Maintainable When Defendant Can Successfully Raise Cloud Over Plaintiff’s Title: SC [Read Judgment]
‘A suit for mere injunction does not lie only when the defendant raises a genuine dispute with regard to title and when he raises a cloud over the title of the plaintiff.’
The Supreme Court has reiterated that a suit for bare injunction would not be maintainable when a defendant could successfully raise cloud over the title of the plaintiff.
The Jharkhand State Housing Board had approached the apex court assailing the high court and trial court judgment that had decreed a suit for permanent injunction filed by one Dildar Singh. The board contended that the suit is not maintainable without seeking the relief of declaration of title as the suit schedule property was recorded in the revenue records in the name of the defendant. It was also contended that, without seeking right, title, possession and correction of entries in record of right, plaintiff cannot maintain the suit for injunction. The high court, while rejecting its appeal, had observed that as the plaintiff is in possession of the property, he can protect his possession against any interference and it is not necessary to prove his title to the property.
The bench comprising Justice N.V. Ramana and Justice Mohan M. Shantanagoudar observed that the board by relying upon the land acquisition proceedings and the possession certificate could successfully raise cloud over the title of the plaintiff and in those circumstances plaintiff ought to have sought for the relief of declaration and the suit for injunction simplicitor could not have been entertained.
The bench said: “It is well settled by catena of Judgments of this Court that in each and every case where the defendant disputes the title of the plaintiff it is not necessary that in all those cases plaintiff has to seek the relief of declaration. A suit for mere injunction does not lie only when the defendant raises a genuine dispute with regard to title and when he raises a cloud over the title of the plaintiff, then necessarily in those circumstances, plaintiff cannot maintain a suit for bare injunction.”