In Brief
The appellants owned property no. 44/6 in Bangalore and sought a permanent injunction after the respondents attempted to encroach in 1974 by dumping materials. The trial court and High Court dismissed the suit, wrongly deciding the appellants lacked title even though title was not in issue. The Supreme Court held that injunction requires only proof of lawful possession, not title. The appellants established possession through government orders, municipal sale deeds, tax registers, and tax receipts. Relying on Evidence Act sections 90 and 114, the Court held old documents from proper custody are presumed genuine. The courts erred by deciding an un-pleaded question of title and rejecting the evidence without valid reason. Appeal allowed and suit decreed.
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