Injunction -- Suit for Injunction Simpliciter Barred -- Suit for injunction alone not maintainable where possession is in dispute and relief of possession not sought
(i) Specific Relief Act, 1963, S.41(h) -- Injunction -- Suit for Injunction Simpliciter Barred -- Where construction stands raised on property alleged to be owned by the plaintiffs and possession thereof is under a cloud, the efficacious remedy is a suit for possession with consequential relief of injunction, not a suit for injunction simpliciter. Failure to seek the relief of possession despite existence of such cloud renders the suit barred under Section 41(h) of the Act. (ii) Specific Relief Act, 1963, S.39 -- Injunction -- Mandatory Injunction Without Foundational Evidence of Measurements -- A decree for mandatory injunction concerning a disputed wall is unsustainable in the absence of foundational evidence of its measurements, whether in the plaint map or in the judgment and decree of the trial court.
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