When it comes to civil suits in property disputes, I am surprised that the parties to the dispute or sometimes their counsels too are not aware of which suit to file and in which conditions.
So, I have simplified the same from authorities of the Apex court. I am sure there will be no further confusions.
When you are in Lawful Possession
Where a plaintiff is in lawful or peaceful possession of a property and such possession is interfered or threatened by the defendant, a suit for an injunction simpliciter will lie. A person has a right to protect his possession against any person who does not prove a better title by seeking a prohibitory injunction. But a person in wrongful possession is not entitled to an injunction against the rightful owner.
When you Do not have possession but the title is good
Where the title of the plaintiff is not disputed, but he is not in possession, his remedy is to file a suit for possession and seek in addition, if necessary, an injunction. A person out of possession, cannot seek the relief of injunction simpliciter, without claiming the relief of possession.
When you are in possession but the title is disputed.
Where the plaintiff is in possession, but his title to the property is in dispute, or under a cloud, or where the defendant asserts title thereto and there is also a threat of dispossession from defendant, the plaintiff will have to sue for declaration of title and the consequential relief of injunction.
When you are neither in possession nor have a good title
Where the title of plaintiff is under a cloud or in dispute and he is not in possession or not able to establish possession, necessarily the plaintiff will have to file a suit for declaration, possession and injunction.
Advocate Sidharth Jaisingh Arora
Supreme court of India
A-1/121 Janakpuri, New Delhi.
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