Suit Seeking Simple Injunction Not Enough When Plaintiff Is Not In Possession Of Property & Title Is Disputed : Supreme Court

In this case, the Supreme Court held that when the title to the suit property is in dispute and possession rests with the defendant, a mere suit for injunction restraining interference with peaceful enjoyment is not maintainable unless it is accompanied by a suit for declaration of title and consequential recovery of possession. The plaintiff lacked possession and relied on a Will which was contested; the defendant claimed co-ownership and was in possession. The Court found that the plaintiff’s admission of the defendant’s possession meant she could not seek an injunction simpliciter. This clarifies that in property disputes involving disputed title and lack of possession, the correct remedy is a declaratory suit rather than mere injunctive relief.