Important Injuctionss
Important Injuctionss
Important Injuctionss
Specific Relief Act (47 of 1963) S.38 — Suit for permanent injunction —
Directing defendants to demolish construction made on encroached land and
handover vacant possession — Suit allowed on basis of entries in revenue
records — Decree for permanent injunction in mandatory form passed without
deciding title of plaintiff — Is improper R S A No 135 of 2003, D/- 4-7-2005, (Kar
), Reversed
It is one thing to say that the Courts could pass an interlocutory order in the nature of
mandatory injunction in exercise of its jurisdiction under S. 151 of Civil P. C. on the
premise that a party against whom an order of injunction was passed, acted in breach
thereof; so as to relegate the parties to the same position as if the order of injunction
has not been violated, but, it is another thing to say that the Courts shall exercise the
same power while granting a decree of permanent injunction in mandatory form
without deciding the question of title and /or leaving the same open. The decree for
permanent mandatory injunction passed by relying upon revenue records and
without deciding title of plaintiff was liable to be set aside. (Para 13)
In Sawarni vs. Inder Kaur (1996) 6 SCC 223, Pattanaik, J., speaking for
the Bench has clearly held as follows: (SCC p. 227, para 7) "7. ...
Mutation of a property in the revenue record does not create or
extinguish title nor has it any presumptive value on title
Citations :: AIR 2017 SUPREME COURT 3857 :: AIR 2017 SUPREME COURT
3857 :: AIR 2017 SUPREME COURT 3857 ::