⚖️ Legal Learning | Shri Ganpati Jurists
Case: S. Santhana Lakshmi & Ors. v. D. Rajammal
Law: Specific Relief Act, 1963 – Suits for Injunction
✅ Key Legal Principle
When title to the property is disputed and the plaintiff is not in possession, a mere suit for injunction (to restrain interference) is not maintainable.
✅ What the Supreme Court Held
If the defendant is in possession and also claims ownership,
then the plaintiff must file:
✅ A suit for declaration of title, and
✅ Recovery of possession, if required.
A bare injunction suit is insufficient in such situations.
✅ Why?
Under the Specific Relief Act, injunctions
protect existing possession.
If the plaintiff is not in possession, he cannot ask the court to merely restrain the defendant—he must first get his title declared.
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