In Brief
The Jharkhand State Housing Board appealed against a judgment allowing the respondent's suit for injunction to protect possession of disputed property, without requiring declaration of title. The respondent claimed ownership through a registered sale deed dated 1990. The Board argued the property was acquired under Land Acquisition Act proceedings in 1965. The Supreme Court held that when a defendant raises a genuine cloud over the plaintiff's title through reliance on land acquisition proceedings and possession certificates, the plaintiff cannot maintain a bare injunction suit and must seek declaration of title. The Court allowed the appeal, setting aside the High Court's judgment, but directed parties to maintain status quo for three months to permit the plaintiff to pursue appropriate remedies."
The lawyer headnote and full judgment text are available to registered users.