Shri Ganpati Jurists Legal Learning & Awareness:
Legal Learning:
When Title is Under a Cloud, What Reliefs Must a Plaintiff Seek?
Key Takeaways:
The Supreme Court reiterated that when a plaintiff’s title is under a cloud and he is not in possession, he must file a suit for declaration, possession, and injunction.
If the plaintiff is in possession but title is disputed, he should seek declaration of title and consequential injunction.
A suit purely for injunction is not maintainable if possession is not established or if ownership title is seriously disputed.
Important Principles:
A plaintiff claiming possession based on title must prove his title.
A Will forming the basis of title must be proved in accordance with Section 68 of the Indian Evidence Act, 1872, even if uncontested.
The doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882, does not void a sale but makes it subject to the outcome of pending litigation.
Mere existence of an injunction order does not automatically void sale deeds executed during pending suits unless collusion is established.
Limitation:
If a suit is filed after the limitation period, it is liable to be dismissed under Section 3 of the Limitation Act, 1963 even if limitation is not pleaded by the defendant.
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