Permanent Injunction – Title Dispute – Maintainability of Bare Suit In a suit for permanent injunction, mere denial of title by the defendant does not automatically necessitate filing of a suit for declaration along with injunction. It is only when a serious cloud is raised over the title of the plaintiff that a declaratory relief becomes necessary. In the absence of such serious dispute regarding title, a suit for bare injunction is maintainable. (Para 10)

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Permanent Injunction – Title Dispute – Maintainability of Bare Suit

In a suit for permanent injunction, mere denial of title by the defendant does not automatically necessitate filing of a suit for declaration along with injunction. It is only when a serious cloud is raised over the title of the plaintiff that a declaratory relief becomes necessary. In the absence of such serious dispute regarding title, a suit for bare injunction is maintainable. (Para 10)

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Possession – Evidence – Appreciation

Where the defendant relies upon photographs, house tax receipts and electricity consumption receipts to establish possession, such evidence must relate specifically to the suit schedule property. In the present case, the Courts below found that the said evidence related to a different portion of land retained by the defendants and not to the suit schedule property, and such finding was affirmed. (Paras 4, 9)

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Sale Transactions – Effect – No Right Retained

Where the defendant admits execution of sale deeds transferring the suit schedule property to third parties, and such transferees do not challenge the decree, the defendant cannot claim any subsisting right or possession over the said property. (Para 9)

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Concurrent Findings – No Interference

Both the Trial Court and the First Appellate Court, upon appreciation of oral and documentary evidence, held in favour of the plaintiff and granted permanent injunction. No error or infirmity is found warranting interference. (Paras 5, 9)

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Second Appeal – Absence of Substantial Question of Law

In the absence of any substantial question of law and where the issues pertain to findings of fact, the High Court declined to interfere under Section 100 CPC. (Para 10)

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Result

Second Appeal dismissed. No order as to costs. Pending miscellaneous petitions, if any, stand closed. (Para 11)