NDLI: A. Subramanian & Anr. Vs. R. Pannerselvam

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Suit – For permanent injunction
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Suit – For permanent injunction – Plaintiff-respondent filed suit for permanent injunction interdicting the defendants-appellants from disturbing the peaceful possession and enjoyment of plaintiff over suit property –Plaintiff ’s case was that he had purchased property from descendants of one ‘D’ and supported his claim with power of attorney executed by legal heirs of ‘D’, sale deed dated 16.07.2001, sale deed dated 14.03.1946 in favour of ‘D’ and house tax receipt dated 27.02.2001 –Defendant refuted the claim of plaintiff – The trial Court held that the plaintiff has right over the property, the possession of plaintiff was also found to be proved – However, the First Appellate Court came to the conclusion that the plaintiff failed to establish title over the property –The High Court found that earlier appellant-defendant had filed a suit for declaration and recovery of possession of the same suit property and it was dismissed by the trial Court and appeal was also dismissed – So, the finality was achieved to the previous proceedings that defendant had neither title nor was in possession of suit property – The High Court after considering the same affirmed the decision of the trial Court granting injunction in favour of the plaintiff – On appeal, held: In the instant case, the present suit giving rise to this appeal, was not a suit for declaration of title and possession rather the suit was filed for injunction – The High Court has given cogent reasons for holding that the suit filed by the plaintiff for injunction was maintainable without entering into the title of the plaintiff in facts of the present case specially in view of the previous litigation which was initiated at the instance of defendant where he lost the suit for declaration and recovery of possession of the same property – Therefore, the defendant cannot make a plea to be in possession and also, when defendant had admitted that plaintiff was in possession – The trial Court as well as the High Court has looked into not only the oral evidence but the exhibits which were filed on behalf of the defendant– Thus, there is no error in the judgment of the High Court.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2021 INSC 65
Petitioner	A. Subramanian & Anr.
Respondent	R. Pannerselvam
SCR	[2021] 1 S.C.R. 879
Judgement Date	2021-02-08
Case Number	9472

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A. Subramanian & Anr. Vs. R. Pannerselvam

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