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2022 (3) TMI 1593 - SC - Indian LawsGrant of injunction in favour of the original Plaintiff restraining the Defendant from disturbing the possession of the Plaintiff - HELD THAT:- 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. All the Courts below have erred in granting permanent injunction in favour of the Plaintiff and against the Defendant No. 1, who is the true owner. After having held that the Plaintiff had no title and after dismissing the suit qua the cancellation of the registered sale deed and the declaration, the Plaintiff is not entitled to relief of permanent injunction against Defendant No. 1-the true owner. Appeal allowed.
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