Perpetual Injunction -- Possession as on Date of Suit -- Possession on the date of filing the suit is essential for grant of perpetual injunction
(i) Specific Relief Act, 1963, S.38 -- Perpetual Injunction -- Possession as on Date of Suit -- Possession of the suit property on the date of filing the suit is an essential requisite for grant of perpetual injunction. (ii) Specific Relief Act, 1963, S.38 -- Suit for Perpetual Injunction and Possession -- Absence of Material Pleadings -- Where the plaintiff is not in possession of the suit property and the plaint lacks material particulars regarding the date of dispossession and the basis for claiming recovery of possession, the suit is liable to be dismissed for want of necessary pleadings and evidence.
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