Civil Suit — Perpetual Injunction — Possession on date of suit — Essential requirement. In a suit for perpetual injunction, the plaintiff must establish actual possession of the suit property as on the date of institution of the suit. Failure to plead and prove possession disentitles the plaintiff to injunction. (Para 11).

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Civil Suit — Perpetual Injunction — Possession on date of suit — Essential requirement.
In a suit for perpetual injunction, the plaintiff must establish actual possession of the suit property as on the date of institution of the suit. Failure to plead and prove possession disentitles the plaintiff to injunction. (Para 11).

Relied on: Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira.

Recovery of Possession — Necessary pleadings — Date and manner of dispossession — Mandatory particulars.
In a suit seeking recovery of possession, the plaint must disclose (i) entitlement to the property, (ii) manner of entitlement, (iii) date and mode of dispossession, and (iv) nature of defendant’s alleged illegal possession. Absence of material pleadings is fatal. (Paras 11–12).

Pleadings — Specificity and Particularisation — Courts not to rely on evidence without pleadings.
Evidence without foundational pleadings cannot be appreciated. Suit must stand or fall on pleadings. Vague or incomplete averments regarding possession and dispossession are insufficient. (Paras 11–12).

First Appellate Court — Erroneous approach — Burden of proof.
First Appellate Court erred in fastening burden on defendant without examining whether plaintiff had discharged initial burden in light of nature of suit and relief claimed. (Para 13).

Hindu Law — Maintenance — Section 14(1), Hindu Succession Act, 1956 — (Context noted).
High Court had held that property given to a widow in lieu of maintenance constitutes a pre-existing right which ripens into absolute ownership under Section 14(1) of the Hindu Succession Act, 1956. However, in the present appeal, dismissal rests primarily on failure of plaintiff’s pleadings and proof. (Para 7).

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RATIO DECIDENDI

The essential ratio is that in a suit for perpetual injunction and, alternatively, recovery of possession, the plaintiff must plead and prove actual possession on the date of suit and furnish specific particulars regarding dispossession. A suit lacking material pleadings on date, manner and basis of dispossession is liable to be dismissed.

The Court reaffirmed that pleadings form the foundation of civil litigation. Courts cannot grant relief based on fragmentary evidence in the absence of proper pleadings. Where the plaintiff fails to establish possession or legally sustainable entitlement to recovery, the burden does not shift to the defendant.

Accordingly, the Supreme Court upheld dismissal of the suit and affirmed the High Court’s judgment allowing the Second Appeal, resulting in dismissal of the plaintiff’s claim.