Suit for Mandatory Injunction Not Maintainable When Title is Disputed: Supreme Court

The Supreme Court held that a suit for mandatory injunction simpliciter is not maintainable where there is a serious dispute regarding title, possession, or identity of the property.

The Court observed that if a construction is raised on disputed land, it amounts to alleged dispossession, for which the appropriate and efficacious remedy is a suit for declaration of title and recovery of possession, along with consequential relief.

Upholding the Uttarakhand High Court’s decision, the Court ruled that such injunction suits are barred under Section 41(h) of the Specific Relief Act when a more effective remedy is available.

The appeal was dismissed.

[Sanjay Paliwal v. Bharat Heavy Electricals Ltd.]