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2018 (10) TMI 1923 - SUPREME COURTSuit for permanent injunction - seeking peaceful possession and enjoyment of the property by constructing a residential building in the land - legal right and title over the suit Schedule property - Whether the suit for permanent injunction is maintainable when the Defendant disputes the title of the Plaintiff? HELD THAT:- It is well settled by catena of Judgments of this Court that in each and every case where the Defendant disputes the title of the Plaintiff it is not necessary that in all those cases Plaintiff has to seek the relief of declaration. A suit for mere injunction does not lie only when the Defendant raises a genuine dispute with regard to title and when he raises a cloud over the title of the Plaintiff, then necessarily in those circumstances, Plaintiff cannot maintain a suit for bare injunction - In the facts of the case the Defendant-Board by relying upon the land acquisition proceedings and the possession certificate could successfully raise cloud over the title of the Plaintiff and in those circumstances Plaintiff ought to have sought for the relief of declaration. The Courts below erred in entertaining the suit for injunction. The judgment and decree impugned in the appeal deserves to be set aside - Appeal allowed - decided in favor of appellant.
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