No court can grant decree/relief infavour of the defendant without counter claim and without pleadings and without producing the documents , while granting decree in favour of the plaintiff as he prayed for


Hon’ble Mr. Justice Arun Mishra 

suit for declaration of title and injunction- the trial court decreed the suit with costs. However, the defendants have been given the right to grow Tulsi and pluck flowers in the suit land for performance of pooja. – High court also confirmed the same – Apex court held that The defendant has not set up the case of having right of growing Tulsi and plucking flowers in the land in question and had only set up own title. That has not been proved. In the circumstances, having failed to prove the title and in the absence of any counter claim with respect to the right of growing Tulsi and plucking flowers, no decree could have been granted by the Trial court or by the High Court. The very basis of the defendants case was Gift Deed in proving which they have miserably failed and being not related in any capacity to the plaintiff, there was no question of relinquishing or release of any right whatsoever. The defendant could have succeeded only on the strength of having title or Gift Deed. In case, gift was there, there was no question of limited right being given to the defendant of growing Tulsi and plucking flowers. In the facts and circumstances of the case and that no issue was framed with respect to growing Tulsi and plucking flowers, no counter claim was filed by the defendent with respect to the aforesaid relief, in our considered opinion, it was not upon the trial court to pass such a decree in favour of defendant as has been done. Thus, the part of the decree passed by the trial court and by the High Court with respect to growing Tulsi and plucking flowers is hereby set aside. The appeal filed by the plaintiff is hereby allowed and the appeal filed by the defendant is hereby dismissed.