In such circumstances, if a Notice for eviction is received, the aggrieved person can file a civil suit before the court of competent jurisdiction for permanent injunction. A suit for permanent injunction can protect the aggrieved person’s rights over his / her property pertaining to peaceful possession and enjoyment. However, if the rights to ownership / title of the property is disputed by the Defendant / person sending the Notice, then a suit for permanent injunction alone cannot protect your rights. A suit for declaration needs to be filed before the court for establishing the fact that, the aggrieved person holds a good title or patta over the property in dispute.
In one of the reportable judgments of the Hon’ble Supreme Court of India in Civil Appeal No. 722 of 2012 dated 20th February, 2024, the Apex Court has made it clear that a suit simpliciter for injunction will not be maintainable as the title of the property of the Plaintiff was disputed by the Defendants. It was held that, in such a situation it was required for the Plaintiff to prove the title of the property while praying for injunction.
In one of the judgments of the Apex Court dated 25th March 2008 arising in Civil Appeal No. 6191 of 2001, certain situations and available remedies have been explained:-
1. Where a Plaintiff is in lawful or peaceful possession of a property and such possession is interfered or threatened by the Defendant, a suit for an injunction simpliciter will lie.
2. Where the title of the Plaintiff is not disputed and he is not in possession, his remedy is to file a suit for possession and seek in addition, an injunction. A person out of possession cannot seek the relief of injunction without claiming the relief of possession.
3. Where the Plaintiff is in possession, but his title to property is in dispute and the Plaintiff faces the threat of dispossession, the Plaintiff will have to file a suit for declaration of title and also injunction.
4. Where the title of the Plaintiff is in dispute and he is not in possession, the Plaintiff will have to file a suit for declaration, possession and injunction.
In summary, it can be inferred that, if a person who is in possession receives a Notice for eviction, it needs to be analyzed, if the title to property is being disputed or not. If the title to property is being disputed, it is essential to file a suit for declaration as well as injunction simpliciter. If the title to the property is not being disputed, a suit for permanent injunction will suffice. However, if the person is not at all in possession of the property and receives a Notice disputing his title, the aggrieved person has to approach the court of competent jurisdiction and file a suit for declaration, possession as well as injunction.
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