In Brief
The Jharkhand State Housing Board sought to overturn a decree granting the respondent permanent injunction against dispossession of land. Although the plaint contained the heading 'declaration of title, confirmation of possession and permanent injunction,' the actual prayer only sought permanent injunction. The courts below treated the suit as one for declaration of title and made findings on title, though only granting injunction. The Supreme Court held that courts below misconstrued the pleadings by assuming the suit was for declaration when it was in fact for bare injunction only. A suit's nature must be determined by its actual relief sought, not by incidental facts or evidence. The judgment was set aside, and status quo was directed for 3 months.
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