VidhiSangh

Supreme Court of India · 14/12/2017

SUNKAMMA (D) BY LRS. versus S. PUSHPARAJ (D) BY LRS.

[2017] 14 S.C.R. 488 · 2017 INSC 1225

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Summary

In a permanent-injunction suit concerning adjoining sites, the Court upheld the finding that the plaintiff lawfully possessed the disputed site based on witness testimony and a registered general power of attorney. It expressly declined to decide whether that document transferred ownership, a question implicated in separate title litigation.

Issues

  1. Whether the evidence supported lawful possession warranting permanent injunction.
  2. Whether the injunction appeal required determination of ownership under the general power of attorney.

Held

Result

Appeal dismissed without costs; permanent injunction upheld on possession, with no opinion expressed on the disputed ownership question.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 488.