LI Network
Published on: February 9, 2024 at 16:06 IST
The Karnataka High Court emphasized that a plaintiff, whose title is not in dispute or clouded but is deprived of possession, can file a suit for possession with a consequential injunction.
Justice HP Sandesh, presiding over the bench, highlighted the distinction when there is an interference with lawful possession or a threat of dispossession, stating that an injunction is sufficient in such cases.
The Court clarified that in the absence of title-related issues, it will not delve into or make findings on questions of title in suits for injunction.
The judgment further outlined that in situations involving complex factual and legal matters related to title, even with necessary pleadings and issues, the Court may direct the parties to pursue a comprehensive suit for a declaration of title instead of resolving the matter in a mere injunction suit.
The Court emphasized that individuals with clear title and possession seeking injunction should not be compelled to pursue a costlier and more cumbersome declaration suit merely due to unwarranted claims or encroachments by third parties.
In a specific case involving a dispute over a property measuring 10 acres 36 guntas, where the plaintiff claimed ancestral joint family ownership and accused the respondents of encroachment, the Trial Court ruled in favor of the plaintiff. However, the First Appellate Court reversed the decision, citing limitation as a bar to the suit.
The High Court criticized the approach of the First Appellate Court, noting that the defendant did not assert title but only claimed possession for an extended period without specifying when he gained possession.
The Court emphasized that the defendant’s vague statements, such as possession for “100 years” or “30 years,” were inconsistent and lacked clarity.
The High Court deemed the First Appellate Court’s conclusion that possession cannot be granted without seeking a declaration as erroneous, allowing the appeal.
Noteworthy appearances in the case include BK Manjunath representing the appellant and G Lakshmeesha Rao representing the respondents.
Case Title: HP Nagaraja vs Channappa Gowda & Ors.