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Nyay Samachar · Oct 30, 2025 · 6 min

S . Santhana Lakshmi & Ors. vs. D. Rajammal 2025 INSC 1197 -

What happens when a suit seeks only an injunction without asking for a declaration of title—especially amidst disputed ownership and admitted lack of possession? The Court holds that when possession and title are both contested, a plaintiff cannot merely seek injunction but must ask for a declaration of title and recovery of possession. Key Takeaways: ✅ Proving a Will does not suffice if title and possession are disputed. ✅ Plaintiffs out of possession must seek declaration and recovery, not just injunction. ✅ Injunction against alienation was maintained; liberty granted to file fresh suit for title. Relevant Statutes : ✅ Specific Relief Act, 1963 ✅ Indian Succession Act, 1925 ✅ Code of Civil Procedure, 1908 #PropertyDispute #SupremeCourt #Injunction

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What happens when a suit seeks only an injunction without asking for a declaration of title—especially amidst disputed ownership and admitted lack of possession?


The Court holds that when possession and title are both contested, a plaintiff cannot merely seek injunction but must ask for a declaration of title and recovery of possession.


Key Takeaways:

✅ Proving a Will does not suffice if title and possession are disputed.

✅ Plaintiffs out of possession must seek declaration and recovery, not just injunction.

✅ Injunction against alienation was maintained; liberty granted to file fresh suit for title.


Relevant Statutes :

✅ Specific Relief Act, 1963

✅ Indian Succession Act, 1925

✅ Code of Civil Procedure, 1908


#PropertyDispute #SupremeCourt #Injunction

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