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Suit For Mere Injunction Without Declaration Of Title Not Maintainable In Cases Of Genuine Dispute

In JHARKHAND STATE HOUSING BOARD vs DIDAR SINGH & ANR., the appeal before the Supreme Court was against the decision of the High Court allowing the Respondent to file suit for injunction without declaration of title when the Board had alleged that the dispute property has been acquired by the Board through land acquisition.

The Supreme Court held that it is well settled by catena of Judgments of this Court that in each and every case where the defendant disputes the title of the plaintiff it is not necessary that in all those cases plaintiff has to seek the relief of declaration. A suit for mere injunction does not lie only when the defendant raises a genuine dispute with regard to title and when he raises a cloud over the title of the plaintiff, then necessarily in those circumstances, plaintiff cannot maintain a suit for bare injunction. In the facts of the case the defendant­Board by relying upon the land acquisition proceedings and the possession certificate could successfully raise cloud over the title of the plaintiff and in those circumstances plaintiff ought to have sought for the relief of declaration. The Courts below erred in entertaining the suit for injunction.

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