Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit - Declaration of ownership and permanent injunction - Respondent described himself as |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit - Declaration of ownership and permanent injunction -Respondent described himself as "Mahant '·' and "Manager" of atemple situated in the midst of a forest - Respondent (plaintiff) tried .to carry out some repair work in Dharmshala siti1ated along withtemple but the Divisional Forest Officer (DFO) of the concernedarea objected to respondent carrying out any repairs - Civil suitfiled by the respondent seeking declaration of ownership over the,suit lands and permanent injunction restraining the State and itsauthorities not’ to interfere in the respondent-plaintiff's possession over the lands - Trial Court held that the plaintiff is the owner ofthe land by virtue of adverse possession and also issue(/ permanentinjunction against the State and their authorities not to interfere inplaintiff's possession ~ High Court affined the judgment of trialCourt - On appeal, held: Plaint completely lacked necessary material pleadings and particulars for claiming a declaration oftitle over the .suit property and permanent iniunction - Since, theplaint did not contain material facts which ought to have beenpleaded to establish prima facie the legal right over the Sl!it property! ·land. the .suit was liable for rejection at the threshold - Neitherthere were any pleadings nor any issue much less evidence to prove . the adverse possession on land and for grant of any· easementright - Courts below should have seen that no declaration ofownership rights over the suit property could be granted to theplaintiff on the strength of diverse possession" - Further, Courtsbelow also should have seen that courts can grant only that relief which is claimed by the plaintiff in the plaint and such relief can begranted only on the pleadings but not beyond it - Suit by the plaintiffwas wholly misconceived and was nothing but abuse of the processof law - Plaintiff was neither in possession of the suit propertymuch less in its legal possession nor he had any authority to remainin its possession for want of any lawful authority. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 886 |
Petitioner | State Of Uttarakhand & Anr. |
Respondent | Mandir Sri Laxman Sidh Maharaj |
SCR | [2017] 14 S.C.R. 257 |
Judgement Date | 2017-09-12 |
Case Number | 4096 |
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