Establish Title Settlement For Free

Dismissed an appeal of the plaintiff-appellant against an order of the High Court of Karnataka, which held that suit simpliciter for permanent injunction without claiming declaration of title, as filed by the plaintiff, was not maintainable.

In a suit for declaration with regard to a right or title in respect of property along with consequential injunction the Plaintiff will have to pray for a declaration as contemplated under Section 34 of the Specific Relief Act, 1963, an interim injunction during the pendency of the suit under Order 39 of the Civil ...

Ing to Section 36, Preventive Reliefs (injunctions) are granted at the discretion of the court by ordering for a temporary or permanent injunction. A Preventive Relief is an order or command of the Court preventing a party from doing something which he is under a legal duty not to do.

39. Mandatory injunctions. ?When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.

The Apex Court, while deciding the said matter, elaborated on the meaning of the term ?settled possession? and held that, ?settled possession means such possession over the property which has existed for a sufficiently long period of time, and has been acquiesced to by the true owner.

37(2) of Specific Relief Act- A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually prevented from the assertion of a right, or from the commission of an act, which woud be contrary to the rights of the plaintiff.

The suit under Art. 64 must be brought within 12 years of the date of dispossession. The burden of proving date of dispossession is on the plaintiff who, in order to succeed, must prove that dispossession was not prior to 12 years of the date of filing of the suit.

(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.

Typically, it takes roughly 10 to 14 days for the title search. It will rarely ever extend past the normal two-week period. However, some key factors play a role in this. This involves the title professional who works at the title company to undertake a detailed inspection and search.

The average Title is processed in 10.8 working days, compared to the peak of 14.9 working days in January 2022.