VidhiSangh

Supreme Court of India · 03/03/2022

PADHIYAR PRAHLADJI CHENAJI (DECEASED) THROUGH L.R.S versus MANIBEN JAGMALBHAI (DECEASED) THROUGH L.R.S AND ORS.

[2022] 2 S.C.R. 455 · 2022 INSC 258

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The plaintiff’s challenge to a registered sale and claim of title had failed finally, but the courts protected her asserted possession by permanent injunction against the purchaser. The Supreme Court held that the injunction was consequential on the failed title claim in this suit. The purchaser’s ownership had been adjudicated, and the plaintiff established no lawful entitlement to remain. Judicial determination in her own suit satisfied the relevant recourse-to-law requirement. The injunction was set aside and the entire suit dismissed.

Issues

  1. Whether permanent injunction could survive the final rejection of the plaintiff’s cancellation and title claims.
  2. Whether the injunction claim was independent or consequential for limitation and relief.
  3. Whether the purchaser had to commence a fresh suit despite the existing adjudication of rights.

Held

Result

Appeal allowed without costs. The permanent-injunction decree and the appellate judgments affirming it were set aside, and the plaintiff’s entire suit stood dismissed.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 455.