In Brief
The appellant claimed ownership of a vacant site under a registered assignment deed and sued for injunction against trespass without claiming declaration of title. The trial court and appellate court decreed the suit, but the High Court remanded it, noting that title was disputed and complicated. The Supreme Court upheld the remand, holding that where a vacant site's title is disputed or under a cloud, the issue of title directly and substantially arises for consideration. Since establishing de jure possession requires a finding on title, and the property's identification and ownership involved complex factual disputes, the suit could not be decided as a simple injunction suit and must be tried afresh as a comprehensive suit for declaration of title.
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