Suit for bare injunction without declaratory relief, will be maintainable where the issue relating to title is clear

Supreme Court of India in Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs & Ors[25 March, 2008] (a) Where a cloud is raised over plaintiff’s title and he does not have possession, a suit for declaration and possession, with or without a consequential injunction, is the remedy. Where the plaintiff’s title is not in dispute or under a cloud, but he is out of possession, … Continue reading Suit for bare injunction without declaratory relief, will be maintainable where the issue relating to title is clear

Prohibitory Injunction-Principle

Anathula Sudhakar v. P. Buchi Reddy (dead) by LRs. & Ors. (2008) 4 SCC 594 wherein the Court had summarized the conclusions thus: : “21. To summarise, the position in regard to suits for prohibitory injunction relating to immovable property, is as under: (a) Where a cloud is raised over the plaintiff’s title and he does not have possession, a suit for declaration and possession, … Continue reading Prohibitory Injunction-Principle