Relief of injunction could be sustained in favor of plaintiff even in absence of proof of title, so long as defendant has no better title

Supreme Court Cases (SCC)

Punjab and Haryana High Court: While deciding a a case pertaining to the question of entitlement to a decree of injunction in the absence of proof that the property was an evacuee property and that the order of sale made by the Managing Officer was later set aside by the higher authority and remitted for fresh consideration, the Court held that the bare relief of injunction could be sustained in favor of the plaintiff even in the absence of proof of title, so long as the defendant has no better title. The Court, while denying the contention of the appellant that injunction on the basis of the property, the sale of which was set aside by the higher authority and was subjected to further consideration cannot be granted by the Court, held that the contention would stand only in cases where the sale had been finally set aside or if the suit had been filed for declaration of title and injunction. The Court further said that in cases related to injunction, the inquiry about the title of which is pending in lower court, the only question for consideration would be on the basis of possession of the property and better title of of the contesting parties. [Rajwat Singh v. Mohinder Pal, RSA No. 1676 of 1986, decided on July 22, 2013]

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