2000 A I H C 2219 ::(2000) 3 CivLJ 214 ::(2000) 2 AndhLD 292 ::(2000) 2 Andh LT 479 ::(2000) 2 ICC 442

Andhra Pradesh High Court

Hon'ble Judge(s): C. V. N. Sastri , J

Specific Relief Act (47 of 1963) , S.5— Suit for permanent injunction - Without seeking declaration of title - Maintainability - Plaintiff executing nominal sale deed in favour of defendants - Plaintiff in possession and enjoyment of disputed property through out - Unlawful interference by defendants in plaintiffs property - Not necessary for plaintiff to seek declaration of his title - It being sham transaction - Suit maintainable. It was found concurrently by both the lower Courts that sale deed executed by plaintiff was nominal and that plaintiff continued to remain in possession and enjoyment of the property through out. The suit was filed on the basis that the plaintiff was in lawful possession and enjoyment of the property and the defendants were trying to unlawfully interfere with his possession without any manner of right. It is, therefore, not necessary for the plaintiff to seek declaration of title or cancellation of sale deed. It is well settled that a sham or nominal sale deed need not be set aside or cancelled, only if it is a real transaction it has to be set aside or cancelled. Therefore, the contention that suit for mere injunction without seeking declaration of title is not maintainable. (Para 7) .....