Tag: permanent injunction

Landmark Property Judgement: Supreme Court Clarifies Evidence Needed for Possession & Declaration Suits
16Oct By The Legal ChamberNo Comments
Supreme Court

Landmark Property Judgement: Supreme Court Clarifies Evidence Needed for Possession & Declaration Suits

The Supreme Court upheld the High Court's reversal of concurrent findings, ruling that a title deed is primary evidence of ownership. Mere presence of waste or manure on a property does not establish possession for the defendant. A declaratory suit under Section 34 of the Specific Relief Act, 1963, is maintainable when the defendant fails to prove their own possession. Facts Of The Case: The plaintiff, Suresh Tukaram Nerkar, filed a suit for declaration of his ownership and possession, and for a consequential permanent injunction against the defendants. His claim was based on a sale deed (Ext. 81) purportedly covering 150 square metres of land, which included a residential building on one portion ('ABCD') and an adjacent open plot ('PCDF'). The suit was triggered by the defendants, parti...
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Supreme Court Rules: You Can’t Claim Adverse Possession for the First Time on Appeal
9Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: You Can’t Claim Adverse Possession for the First Time on Appeal

The Supreme Court reaffirmed that a plea of title by adverse possession cannot be raised for the first time at the appellate stage if it was not specifically pleaded in the plaint, framed as an issue, and proven during trial. Such a surprise claim prejudices the opposite party and is impermissible as a decision must be based on the case pleaded. Facts Of The Case: The case originated from a title suit filed in 1999 by the plaintiffs (Kishundeo Rout & Ors.) against the defendants (Govind Rao & Ors.). The plaintiffs sought a declaration that a 1997 sale deed executed by the original plaintiff, Sudama Devi, in favour of the defendants was bogus, inoperative, and fit for cancellation. They also prayed for confirmation of their possession and a permanent injunction again...
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Supreme Court Upholds Right to Peaceful Protest, Quashes Criminal Case Against Andhra Educationists
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Right to Peaceful Protest, Quashes Criminal Case Against Andhra Educationists

The Supreme Court held that certified copies of municipal documents, duly certified under Section 376 of the Karnataka Municipalities Act, 1964, carry the same evidentiary value as originals. The failure of the Municipal Council to produce original records despite court orders justified drawing an adverse inference, and a registered sale certificate cannot be invalidated by a mere administrative resolution. Facts Of The Case: The dispute concerned two plots, No. 394 and 395, auctioned by the City Municipal Council (CMC). Respondent No. 2, Prabhudeva, purchased plot No. 395 in a 1973 auction, but his 1988 sale deed erroneously mentioned plot No. 394. Upon realizing this mistake, he applied for rectification in 1992. The CMC's Junior Engineer inspected the site and confirmed the error, lea...
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Supreme Court Allows Execution Petition: No Time Limit for Enforcing Permanent Injunctions
26May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Execution Petition: No Time Limit for Enforcing Permanent Injunctions

The Supreme Court ruled that a decree of permanent injunction creates a perpetual right enforceable at any time against future breaches, clarifying that satisfaction recorded in one execution petition doesn't bar subsequent petitions under Section 47 CPC for fresh violations. It held that Article 136 of the Limitation Act imposes no time limit for enforcing perpetual injunctions, rejecting the erroneous application of res judicata by lower courts. The judgment emphasizes that each breach of injunction constitutes a fresh cause of action, requiring executing courts to examine subsequent execution petitions on merits regardless of prior disposals. The Court distinguished between temporary and permanent injunctions while underscoring the continuing nature of injunctive relief. Facts Of The C...
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