In Brief
Jose sought a permanent injunction against Johnson regarding a property in Aluva. The trial court granted the injunction based on Jose's possession. A first appellate court remanded the case for reconsideration, noting disputes over property identification and title. The High Court restored the trial court's judgment, holding that title was irrelevant for bare injunctions. The Supreme Court reversed the High Court, finding that when a defendant disputes the plaintiff's right to property itself (not merely possession), and when issues on ownership and identification were framed and decided, remanding for reconsideration was appropriate. The Court emphasised that the substance of contentions raised, not merely the formal suit category, determines the scope of enquiry required.
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