Possession and an injunction against interference

At a glance

Explain who occupies the property, how occupation began and the specific interference complained of. Possession and title issues may require different or combined relief.

Law and context

The Specific Relief Act addresses preventive relief, including circumstances where an injunction may be granted or refused. Civil procedure governs interim applications. The appropriate suit depends on the title dispute, possession and alleged threat.

Practical next step

Preserve occupation records, photographs lawfully taken and the incident chronology. Bring the title documents and any previous litigation so the proposed relief addresses the complete dispute.

Important qualifications

Do not attempt forcible self-help or assume that possession alone resolves ownership. A temporary direction is not a final title determination.

Document checklist

• Title and occupation records
• Dated interference account
• Existing orders
• Specific relief requested

Sources

• The Specific Relief Act, 1963 — 36-41
• Code of Civil Procedure, 1908 — OrderXXXIX

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.