Supreme Court: Injunction Suit Not Maintainable When Possession and Ownership Are Disputed

The Supreme Court has held that a plaintiff cannot file a mere suit for injunction when they are not in possession of the disputed property and the title is seriously contested by the defendant.

The bench clarified that in such circumstances, the proper course is to file a declaratory suit seeking ownership rights along with an injunction under the  Specific Relief Act, 1963.

The Court observed that when both possession and ownership are in genuine dispute, a simple injunction suit is inadequate, as it fails to conclusively determine the parties’ legal rights over the property.

[S. Santhana Lakshmi & Ors. Versus D. Rajammal]