NAGAR PALIKA, JIND versus JAGAT.SINGH, ADVOCATE

NAGAR PALIKA, JIND versus JAGAT.SINGH, ADVOCATE

The decree for injunction cannot be granted without proof of title to the suit land; mere possession established by revenue entries is insufficient when title is disputed. Mutation entries do not confer title. Section 6 of the Specific Relief Act, 1963 is not applicable where the plaintiff claims ownership and seeks injunction; previous possession and dispossession must be pleaded and proved.

Parties
Appellant: Nagar Palika, Jind; Respondent: Jagat Singh
Jurisdiction
India
Judgment Date
28 March 1995
Procedural Posture
Civil Appeal / Appeal Before Supreme Court From Judgment and Order of Punjab & Haryana High Court in R.p. No. 17 C of 1987
Outcome
Appeal allowed
Legal Topics
Injunction, Title to Immovable Property, Possession, Mutation Entry, Specific Relief Act
Civil Procedure Property Law Injunction Title to Immovable Property Possession Mutation Entry Specific Relief Act

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Parties

Nagar Palika, Jind

Appellant

Jagat Singh

Respondent

Procedural Posture

Civil Appeal / Appeal Before Supreme Court From Judgment and Order of Punjab & Haryana High Court in R.p. No. 17 C of 1987

Legal Issues

  1. 1 Whether a suit for injunction can be decreed based merely on possession without proof of title to the suit land
  2. 2 Applicability of Section 6 of the Specific Relief Act, 1963 to a suit for injunction based on title and possession
  3. 3 Evidentiary value of mutation entries in revenue records as a source of title

Ratio Decidendi

The decree for injunction cannot be granted without proof of title to the suit land; mere possession established by revenue entries is insufficient when title is disputed. Mutation entries do not confer title. Section 6 of the Specific Relief Act, 1963 is not applicable where the plaintiff claims ownership and seeks injunction; previous possession and dispossession must be pleaded and proved.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Court of Appeal and orders of the High Court set aside
  • Judgment of the Trial Court restored