LAW FOR ALL

bare injunction without a prayer for declaration of title Therefore, when the plaintiffs filed the suit based on their title and possession and prayed for injunction and during the pendency of the suit the plaintiffs title is questioned by the defendants for the first time then the Court can go into the question of title also, when necessary pleadings are there and there is no need for the plaintiffs to pray for declaration in that suit. Therefore, as held by the Hon'ble Supreme Court the Judgement referred to above, a suit for bare injunction is maintainable when parties have come to Court with a specific case of ownership and let in evidence about the title and in that case the Courts below can incidentally give a finding regarding title and the suit cannot be dismissed on the ground that the suit is not maintainable for not praying the relief of declaration. Hence, the substantial question of law is answered in favour of the appellants and the suit for bare injunction is maintainable and as the appellants proved that there are the owners of the property and they are in possession and enjoyment of the suit property, they are entitled to injunction as prayed for.