Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Permanent Injunction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Permanent Injunction – Registered Sale Deed – Suit seeking cancellation of sale deed, declaration and permanant injunction – Trial court partly allowed the suit by granting the relief of permanent injunction and refusing the relief of cancellation of the sale deed and declaration – First Appellate Court upheld the same – High Court dismissed the appeal holding that the relief of permanent injunction sought by the original plaintiff can be said to be substantive relief and not a consequential relief and therefore, the trial court was justified in granting the permanent injunction in favour of the plaintiff as the plaintiff was/is found to be in possession of the suit property – Hence instant appeal – Held: The main reliefs sought by the plaintiff in the suit were cancellation of the sale deed and declaration – The prayer of permanent injunction restraining defendant from disturbing her possession can be said to be a consequential relief – Once the suit is held to be barred by limitation qua the declaratory relief and when the relief for permanent injunction was a consequential relief, the prayer for permanent injunction, which was a consequential relief can also be said to be barred by limitation – An injunction is a consequential relief and in a suit for declaration with a consequential relief of injunction, it is not a suit for declaration simpliciter, it is a suit for declaration with a further relief – Whether the further relief claimed has, in a particular case as consequential upon a declaration is adequate must always depend upon the facts and circumstances of each case – Where once a suit is held not maintainable, no relief of injunction can be granted. Injunction may be granted even against the true owner of the property, only when the person seeking the relief is in lawful possession and enjoyment of the property and also legally entitled to be in possession, not to disposes him, except in due process of law – Once the rights of the parties are adjudicated and the defendant No.1 is held to be the true owner on the basis of the registered sale deed and on payment of full sale consideration, it can be said that due process of law has been followed and thereafter the plaintiff is not entitled to any permanent injunction against the true owner. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 258 |
Petitioner | Padhiyar Prahladji Chenaji (deceased) Through L.r.s |
Respondent | Maniben Jagmalbhai (deceased) Through L.r.s And Ors. |
SCR | [2022] 2 S.C.R. 455 |
Judgement Date | 2022-03-03 |
Case Number | 1382 |
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