Nature of grievance

Where under the Contract, the vendor of the immovable property purports to sell or lease the Suit property, to which he has no title, or has imperfect title or has no right to deal with the Suit property, - A Suit may be filed for perpetual and mandatory injunction.

Under the law, broadly, three distinct actions lie in respect of an immovable property, namely - (a) When a cloud is raised over a person’s title and he does not have a possession, a Suit for declaration and possession, with or without a consequential injunction is the remedy; (b) Where a person claims title or interest, but he is out of possession, he has to sue for possession and consequential injunction, may be alongwith declaration to his title or interest; (c) Where there is merely an interference with a person’s lawful possession or where there is a threat of dispossession, or where there is a frustration or interference in the free and full enjoyment of the property, it is sufficient to sue for an injunction simpliciter