In Brief
The plaintiff purchased a property and sought perpetual injunction to restrain interference with his possession, without claiming declaration of title. The defendant disputed the plaintiff's ownership based on his own earlier purchase. The High Court found the suit for injunction unmaintainable without seeking declaration of title. The Supreme Court dismissed the appeal, holding that where a defendant genuinely disputes the plaintiff's title and raises clouds over ownership, a suit for mere injunction cannot proceed; the plaintiff must pursue comprehensive relief including declaration of title. Title disputes involving complicated factual and legal issues must be resolved through full-fledged trial in a declaratory suit, not through injunction proceedings relying solely on possession."
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