Suit for - permanent injunction - Maintainability - Genuine dispute raised by defendant regarding title of plaintiff over suit property - Plaintiff's title over suit property is not free from cloud - Suit simpliciter for permanent injunction filed by plaintiff without seeking declaration of title, not maintainable.

Citation

AIR 2021 SUPREME COURT 4293

SUPREME COURT

: AIROnline 2021 SC 698 (From : Karnataka)* L. NAGESWARA RAO, J. and B. R. GAVAI, J.

Civil Appeal No. 5577 of 2021 (@ Special Leave Petition (C) No.10621 of 2020), D/-7-9-2021

T.V. Ramakrishna Reddy v. M. Mallappa

Specific Relief Act (47 of 1963), S.38 Suit for - permanent injunction - Maintainability - Genuine dispute raised by defendant regarding title of plaintiff over suit property - Plaintiff's title over suit property is not free from cloud - Issue regarding title can be decided only after full-fledged trial on basis of evidence led by parties in support of their rival claims - Suit simpliciter for permanent injunction filed by plaintiff without seeking declaration of title, not maintainable.