Section 38-Suit for permanent injunction without seeking relief of declaration of title Maintainability-Dismissing appeal.

2021 (5) KCCR 1 (SC)
SUPREME COURT OF INDIA (Civil Appellate Jurisdiction)
(From the High Court of Karnataka)

T.V. Ramakrishna Reddy
Versus
M. Mallappa and Another

Civil Appeal No. 5577 of 2021,decided on 7.9.2021

SPECIFIC RELIEF ACT, 1963-Section 38-Suit for permanent injunction without seeking relief of declaration of title Maintainability-Dismissing appeal.

 Held :
Where the plaintiff's title is not in dispute or under a cloud, a suit for injunction could be decided with reference to the finding on possession. It has been clearly held that if the matter involves complicated questions of fact and law relating to title, the Court will relegate the parties to the remedy by way of comprehensive suit for declaration of title, instead of deciding the issue in a suit for mere injunction. Where there are necessary pleadings regarding title and appropriate issue relating to title on which parties lead evidence, if the matter involved is simple and straightforward, the Court may decide upon the issue regarding title, even in a suit for injunction. However, it has been held that such cases are the exception to the normal rule that question of title will not be decided in suits for injunction. This is not a case where the plaintiff-appellant can be said to have a clear title over the suit property or that there is no cloud on plaintiff-appellant's title over the suit property. The question involved is one which requires adjudication after the evidence is led and questions of fact and law are decided.