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Head Note

Civil Law  - Suit for Declaration of Title and Injunction

M.P. Municipalities Act - Section 319(3) - Exemption from issuing a notice in advance notice prior to filing to the Nagara Palika - Suit for declaration for title and injunction - Trial court and High court wrongly held that the plaintiff is entitled for exemption - Apex court held that the suit was having claimed title, the suit cannot be termed to be suit for perpetual injunction alone. Along with the trial court and the appellate court, the High Court also failed to appreciate the aforesaid fact and also overlooked the valuable interest and right of public at large, to use the suit land which is a part of public street - Further, in absence of challenge to the notice of eviction issued by the appellant, it was not open to the trial court to decide the title merely because permanent injunction coupled with declaration of title was also sought for.

Topic(s)-Suit for Declaration for Title and Injunction

Important Decision(s)- In absence of challenge to the notice it was not open to the trial court to decide the title merely because permanent injunction coupled with declaration of title was also sought for.