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

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