L.C. HANUMANTHAPPA (SINCE DEAD)REPRESENTED BY HIS LRS. vs H.B.SHIVAKUMAR

The Supreme Court held that a suit for permanent injunction under Section 38 of the Specific Relief Act is maintainable only if the plaintiff establishes a clear title and possession over the property in question. The Court found that the plaintiff, L.C. Hanumanthappa, failed to prove his title over the suit property, leading to the dismissal of his suit (O.S. No. 1386 of 1990) and the upholding of the decree in favor of the defendant in O.S. No. 1650 of 1990. The judgment emphasized the necessity of establishing ownership for seeking injunctive relief.