Supreme Court · 2014 INSC 263 · Decided 9 April 2014
Nagar Palika Parishad Mihona and ANR. v. Madhya Pradesh Municipalities Act, 1961
- Court
- Supreme Court of India
- Citation
- 2014 INSC 263 · [2014] 4 S.C.R. 811
- Case number
- CIVIL APPEAL No. 4454/2014
- Decided
- 9 April 2014
- Bench
- S. J. MUKHOPADHAYA, V. GOPALA GOWDA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 54, 38
Headnote
MADHYA PRADESH MUNICIPALITIES ACT, 1961: s. 319 - Bar of suit in absence of notice - Suit for declaration of title and permanent injunction - No notice u/s 319 issued by plaintiff to NagarPalika Parishad - Held: In view A B c of bar of suit for declaration of title in absence of notice was not maintainable -- Courts below wrongly held D that the suit was for perpetual injunction - Plaintiff having claimed title, the suit cannot be termed to be suit for perpetual injunction alone - Judgments of all the three courts below, set aside - It will be open to Nagar Palika Parishad
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