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Dealing with a case pertaining to permanent injunction from a property, the Supreme Court on Thursday held, "Once the dispute with respect to (the property) title is settled and it is held against the plaintiff, in that case, the suit by the plaintiff for permanent injunction shall not be maintainable against the true owner."

"In such a situation, it will not be open for the plaintiff to contend that though he/she has lost the case so far as the title dispute is concerned, the defendant – the true owner still be restrained from disturbing his/her possession and his/her possession be protected....", added a bench of Justices MR Shah and BV Nagarathna.

"An injunction cannot be issued against a true owner or title holder and in favor of a trespasser or a person in unlawful possession...", the bench further remarked.

The top court was hearing the appeal filed by the legal representatives of one Padhiyar Prahladji Chenaji (deceased) challenging the order passed by the High Court of Gujarat in a property dispute, whereby the high court had confirmed the trial court's order granting injunction in favor of one Maniben Jagmalbhai restraining Padhiyar from disturbing the possession of Maniben.

Maniben's husband had executed a sale deed in 1975 in favour of Padhiyar. Accordingly, Padhiyar's name was mutated in the revenue records in the year 1976 itself. After a period of approximately 22 years, Maniben instituted a regular civil suit for the reliefs of cancellation of the registered sale deed, declaration and permanent injunction. It was Maniben's case that Padhiyar played a fraud upon her family.

Maniben had alleged that her husband was addicted to liquor and as the family was in need of finances, her husband decided to sell 1 acre of the land out of total 6 acres and 15 2 gunthas to Padhiyar, but Padhiyar taking advantage fraudulently got the sale deed registered of the entire suit property, i.e., 6 acres and 15 gunthas.

The trial court declined to cancel the sale deed and held that Padhiyar purchased the entire 6 acres and 15 gunthas of the land under the registered sale deed. However, the trial court believed Maniben to be in possession of the suit land to the extent of 5 acers and 15 gunthas of land and accordingly granted the relief of permanent injunction in her favor. This was also upheld by the First Appellate Authority.

Now, dealing with the matter, the Apex Court noted that the suit filed by Maniben for cancellation of the registered sale deed and declaration had been dismissed and the registered sale deed in favor of Padhiyar had been believed, and Padhiyar was held to be the true and absolute owner of the suit land in question.

Therefore, the bench opined that despite the fact that Maniben had lost the title, the Courts below still granted relief of permanent injunction against Padhiyar, the absolute owner of the land in question, which was unsustainable, both, on law as well as on facts.

The court further held that once Padhiyar was held to be the true and absolute owner, it could not be said that there was a cloud over the title of the plaintiff (Maniben) and/or even the defendant (Padhiyar). It thus went on to note,

"Therefore, the only relief which survived before the trial court was the consideration of relief of permanent injunction and having been unsuccessful in getting the relief of cancellation of the registered sale deed and the declaration thereof, the relief of permanent injunction could not have been granted by the trial court as well as by the first Appellate Court. This aspect of the case has been lost sight of by the High Court in the second appeal."

Accordingly, the appeal succeeded and the suit filed for a permanent injunction against Padhiyar stood dismissed.

Case title: Padhiyar Prahladji Chenaji (Deceased) Through L.R.s v. Maniben Jagmalbhai (Deceased) Through L.R.s and Ors.