Permanent Injunction Simpliciter–Suit for–Maintainability–When a suit simpliciter was filed for a perpetual injunction based on title, the defendant pleads perfection of his title by adverse possession against the plaintiff or his predecessor, it cannot be said that there is any dispute about the title of the plaintiff–Hence, the plaintiff need not claim a declaration of title in such a case as the only issues involved in such suit are whether the plaintiff has proved that he was in possession on the date of the institution of the suit and whether the defendant has proved that he has perfected his title by adverse possession–In the instant case, there was no cloud over the title of plaintiff–Therefore, it was not necessary for him to claim a declaration of ownership and the suit was maintainable–High Court have not considered the merits of suit and counter-claim–Impugned judgment set aside and second appeal restored on its original number.
