https://www.taxtmi.com/caselaws?id=184256 A bare suit for prohibitory injunction over immovable property lies only when the plaintiff is in lawful possession and title is not under serious cloud; where title is disputed, the proper course is declaration of title with consequential relief. On the facts, the property was a vacant site and the plaintiffs' claim rested on disputed assertions of oral gift, ostensible ownership and section 41 of the Transfer of Property Act, while the defendant traced title to the original owner, so declaration and injunction were required. In second appeal under section 100 CPC, the High Court could not decide title beyond the pleadings and issues, and its interference on that basis was held impermissible. en-us Tue, 25 Mar 2008 00:00:00 +0530 Tue, 19 Dec 2023 14:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184256 A bare suit for prohibitory injunction over immovable property lies only when the plaintiff is in lawful possession and title is not under serious cloud; where title is disputed, the proper course is declaration of title with consequential relief. On the facts, the property was a vacant site and the plaintiffs' claim rested on disputed assertions of oral gift, ostensible ownership and section 41 of the Transfer of Property Act, while the defendant traced title to the original owner, so declaration and injunction were required. In second appeal under section 100 CPC, the High Court could not decide title beyond the pleadings and issues, and its interference on that basis was held impermissible. Case-Laws Indian Laws Tue, 25 Mar 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184256