In Brief
In a dispute between cousins over partitioned ancestral property, the plaintiff sought permanent injunction against the defendant's obstruction during wall construction. The trial court granted the injunction, finding the plaintiff owned and possessed the property. The first appellate court set aside the decree and remanded the matter, noting the defendant's challenge to title and requesting additional evidence. The High Court restored the trial court's decree, treating the suit as a bare injunction case where possession alone sufficed. The Supreme Court held that while possession is generally prime in injunction suits, when the defendant challenges the plaintiff's right to the property itself, property identification becomes material. The Court restored the remand order, finding reconsideration appropriate.
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