PADHIYAR PRAHLADJI CHENAJI (DECEASED) THROUGH L.R.S versus MANIBEN JAGMALBHAI (DECEASED) THROUGH L.R.S AND ORS.

PADHIYAR PRAHLADJI CHENAJI (DECEASED) THROUGH L.R.S versus MANIBEN JAGMALBHAI (DECEASED) THROUGH L.R.S AND ORS.

Because the plaintiff failed to obtain the substantive declaratory relief and cancellation of the registered sale deed (which was held valid and the purchaser held to be the true owner), the claim for permanent injunction was a consequential relief and could not be maintained or protected against the true owner; injunction cannot be granted against the true owner unless the person seeking it is in lawful possession and legally entitled to possession.

Parties
Appellant (original Defendant): PADHIYAR PRAHLADJI CHENAJI (DECEASED) THROUGH L.R.S; Respondent (original Plaintiff): MANIBEN JAGMALBHAI (DECEASED) THROUGH L.R.S AND ORS.
Jurisdiction
India
Judgment Date
03 March 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order Dated 24.10.2018
Outcome
Appeal allowed
Legal Topics
Permanent Injunction, Cancellation of Registered Sale Deed, Declaration of Title, Possession, Due Process of Law, Deemed Knowledge Upon Registration
Property Civil Procedure Limitation Specific Relief Permanent Injunction Cancellation of Registered Sale Deed Declaration of Title Possession +2 more

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Parties

PADHIYAR PRAHLADJI CHENAJI (DECEASED) THROUGH L.R.S

Appellant (original Defendant)

MANIBEN JAGMALBHAI (DECEASED) THROUGH L.R.S AND ORS.

Respondent (original Plaintiff)

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order Dated 24.10.2018

Legal Issues

  1. 1 Whether a plaintiff who has lost declaratory relief and whose suit to cancel a registered sale deed is time-barred can obtain permanent injunction against the true owner
  2. 2 Whether the relief of permanent injunction in this suit was a substantive relief or a consequential relief and whether it is barred by limitation
  3. 3 Whether the plaintiff was in lawful possession such that injunction could be granted against the purchaser/true owner

Ratio Decidendi

Because the plaintiff failed to obtain the substantive declaratory relief and cancellation of the registered sale deed (which was held valid and the purchaser held to be the true owner), the claim for permanent injunction was a consequential relief and could not be maintained or protected against the true owner; injunction cannot be granted against the true owner unless the person seeking it is in lawful possession and legally entitled to possession.

Court Disposition

Appeal allowed

Orders

  • The judgments and decrees passed by the trial court, the First Appellate Court and the High Court (impugned judgment dated 24.10.2018) are quashed and set aside
  • The suit filed by the plaintiff for permanent injunction against defendant No.1 stands dismissed