Published on: 05 December 2022 at 09:22 IST
Court: Supreme Court of India
Citation: Anathula Sudhakar v/s P. Buchi Reddy (2008) 4 SCC 594
Hon’ble Supreme Court of India has held that in a Civil Suit 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, persons having clear title and possession suing for injunction, should not be driven to the costlier and more cumbersome remedy of a suit for declaration, merely because some meddler vexatiously or wrongfully makes a claim or tries to encroach upon his property.
Para – 21
To summarise, the position in regard to suits for prohibitory injunction relating to immovable property, is as under:
(c) But a finding on title cannot be recorded in a suit for injunction, unless there are necessary pleadings and appropriate issue regarding title (either specific, or implied as noticed in Annaimuthu Thevar. Where the averments regarding title are absent in a plaint and where there is no issue relating to 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 issue, 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.
Drafted By Abhijit Mishra
Key Words: Averments, Injunction, Pleadings, Possession.