suit for permanent injunction-Plaintiff is out of Possession

Civil Trial–General principles as to when a mere suit for permanent injunction shall lie and when it is necessary to file a suit for declaration and/or possession with injunction as a consequential relief :- (A) Where a cloud is raised over plaintiff’s title and he does not have possession, a suit for declaration and possession, with or without a consequential injunction, is the remedy–Where plaintiff’s title is not in dispute or under a cloud, but he is out of possession, he has to sue for possession with a consequential injunction–Where there is merely an interference with plaintiff’s lawful possession or threat of dispossession, it is sufficient to sue for an injunction simpliciter. (B) As a suit for injunction simpliciter is concerned only with possession, normally issue of title shall not be directly and substantially in issue–Prayer for injunction shall be decided with reference to finding on possession–But in cases where de jure possession has to be established on basis of title to property, as in case of vacant sites, issue of title may directly and substantially arise for consideration, as without a finding thereon, it shall not be possible to decide issue of possession. (C) But a finding on title cannot be recorded in a suit for injunction, unless there are necessary pleadings and appropriate issue regarding title (either specific or implied)–Where averments regarding title are absent in a plaint and where there is no issue relating to title, Court shall not investigate or examine or render a finding on a question of title, in a suit for injunction–Even where there are necessary pleadings and issue, if matter involves complicated questions of fact and law relating to title, Court shall relegate parties to remedy by way of comprehensive suit for declaration of title, instead of deciding the issue in a suit for mere injunction. (D) Where there are necessary pleadings regarding title and appropriate issue relating to title on which parties lead evidence, if matter involved is simple and straightforward, Court may decide upon the issue regarding title, even in a suit for injunction–But such cases are exception to normal rule that question of title shall not be decided in suits for injunction–But persons having clear title and possession suing for injunction, should not be driven to costlier and more cumbersome remedy of a suit for declaration, merely because some meddler vexatiously or wrongfully makes a claim or tries to encroach upon his property–Court should use its discretion carefully to identify cases where it shall enquire into title and cases where it shall refer to plaintiff to a more comprehensive declaratory suit, depending upon facts of case.