In Brief
Property owners sued to prevent encroachment by distant neighbours who dumped materials on their plot. The trial court and high court rejected the suit for permanent injunction, finding the owners failed to establish title. The Supreme Court allowed the appeal, holding that in an injunction suit, possession—not title—is the key issue. The court found the owners' possession adequately proven through municipal records, tax receipts, and Pleader Commissioner reports. The courts erred by raising the title question, which was not pleaded. Documents over 30 years old from proper custody enjoy a presumption of genuineness; their rejection was arbitrary. The neighbours never claimed the suit property and provided no meaningful defence.
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