Property in Dispute

The property in respect of which an order of injunction can be passed must be the property which is directly in dispute in the suit and no other property, nor where the property in dispute is indirectly affected. In order to obtain an order of injunction relating to an immovable property, it must be distinctively specified so that it can be clearly identified. To obtain injunction the applicant must have subsisting interest in the property in dispute. Where the defendant is in possession of the suit property claiming title, he can be allowed to change the nature and character of the property if it does not diminish the value of the property and he can make construction on the property at his own risk and he cannot be restrained. One cannot get an injunction to restrain a man who is alleged to be a debtor from parting with his property. Contract of sale does not create any title to the vendee and hence a transferee under a sale deed cannot be restrained from enjoying possession of the property at the instance of a person claiming to have a previous agreement of sale in his favour.