Suit Simpliciter For Injunction Without Claiming Declaration Of Title Not Maintainable If Plaintiff’s Title Is Disputed
Case: T.V. Ramakrishna Reddy Vs. M. Mallappa
Coram: Justices L. Nageswara Rao and BR Gavai
Case No: [CA 5577 OF 2021]
Court Observation: 10. It could thus be seen that this Court in unequivocal terms has held that where the plaintiff’s title is not in dispute or under a cloud, a suit for injunction could be decided with reference to the finding on possession. It has been clearly held that 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 comprehensive suit for declaration of title, instead of deciding the issue in a suit for mere injunction.. No doubt, this Court has held that where there are necessary pleadings regarding title and appropriate issue relating to title on which parties lead evidence, if the matter involved is simple and straightforward, the court may decide upon the issue regarding title, even in a suit for injunction. However, it has been held that such cases are the exception to the normal rule that question of title will not be decided in suits for injunction.”
“In the facts of the present case, it cannot be said at this stage that the dispute raised by the defendant No.2 with regard to title is not genuine nor can it be said that the title of the plaintiff appellant over the suit property is free from cloud. The issue with regard to title can be decided only after the full fledged trial on the basis of the evidence that would be led by the parties in support of their rival claims.”
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