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Declaration of title and injunction


13-Oct-2023 (In Property Law)
Defendant & plentiff-2 joined booked a suit flat (2003) in Thane,got possession-2004. Defendant was employed and earning. However Plentiff-2 is non-earning. Since, defendant was paying the installments of builder as well as bearing household expenses, Plentiff-1 used to transfer some amount to account of defendant to make up short-fall, if any. However, plentiff-2 paid part of installment through her account but money was tranferred into her account by Plentiff-1 as she was non-earning member. Payment towards suit flat is done by defendant and plentiff's-2 account by almost 50:50. Due to many incidances later, relationship between Plentiff-1,2 & Defendant got sour. and Plentiff-1,2 launched special civil suit on defendant for declaration of tile and injunction in 2015. Plentiff-1 & 2 and now in possession of suit flat. Plentiff-2 is co-owner alongwith Defendant for the suit flat. can injuction be granted?why?citations?declaration can be granted?grounds?
Answers (2)

Answer #1
706 votes
Dear Sir/Madam,
The injunction in this case can be granted to the Plaintiff no 2. For resolving your query and for contesting the matter you will need to engage a qualified Lawyer or else the injunction may be granted and may continue unless set aside by a Higher Court. Feel free to get in touch if you need any further assistance in this regard.
Answer #2
808 votes
Possession is nine point of law. Who have possession get all the right by law. As property is in their possession no injunction may be granted by showing the payment receipt made by defendant. Regards

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