...was not done, suit for declaration and injunction against trespasser who was in exclusive occupation of Meda, was not mainlainable. It may be mentioned that in none of the decisions relied on by the...declaration of title to the suit property and injunction directing the appellant to remove water tank, shed etc. constructed over the same. 2. The suit property which is plot No. 38/A...appellant had no right to use or enter into the suit land except the house and shop let out to him. The respondent also claimed injunction directing the appellant to remove the illegal constructions...

...issued against the true owner. Issuance of an order of injunction is absolutely a discretionary and equitable relief. In a given set of facts, injunction may be given to protect the possession of the...injunction would not be issued against the true owner. Therefore, the courts below have rightly rejected the relief of declaration and injunction in favour of the petitioners who have no interest in the...property. Even assuming that they had any possession, their possession is wholly unlawful possession of a trespasser and an injunction cannot be issued in favour of a trespasser or a person who gained...

.... Muni Lal…., 2000 (3) Recent Civil Reports 410 that:—“Injunction cannot be issued in favour of a trespasser against true owner. If temporary injunction is granted to a trespasser...Court affirmed the findings of the trial Court, a trespasser cannot get the injunction against the rightful owner of the property - A person who seeks equity must do equity - If the possession of the...that would mean driving the true owner to go to civil Court and ask for possession against wrong-doer.”2. Besides this, this Court has also held in...

...maintain the suit for injunction against trespasser? b) Whether the 1st defendant can agitate in the civil Court that it has title to the...property was allocated to his share and that in any event the plaintiff as a co-owner is entitled to maintain the suit for injunction against trespasser? b...Amarthalamman Koil represented by its trustee and against Annapathina Subbulu and Nellore Kondaiah seeking permanent injunction restraining the defendants from interfering with the peaceful possession...

...possession under Section 6 of the Specific Relief Act, 1963, can the trespasser seek injunction against the true owner? This question does not entirely depend upon Section 6 of the Specific Relief Act, but...the subject that the appellant who was a trespasser in possession could not seek injunction against the true owner. In that context this Court quoted...SCC 33 that:“9. It is settled law that no injunction could be granted against the true owner at the instance of persons in unlawful possession...

...does not want to sue for ejectment, but only for an injunction. It does not seek to contemplate a suit for injunction against a trespasser, for if a trespasser occupies the land, then the landlord...words “when the landholder does not sue for ejectment” show that this provision contemplates only those suits for injunction which are filed by the landlord against the tenant and in which the holder...averred by him that the defendants wanted to tease him and drive him out of the village and with that end in view, they were interfering with his cultivation. It was prayed that an injunction be passed...

...then stood transferred to the Municipal Corporation. A trespasser cannot claim injunction against the owner nor can the court issue the same.13. Thus considered, we are...suit, viz., 19-4-1984 and the appellant was sought to interdict his possession and enjoyment. Consequentially, he filed the suit for perpetual injunction against the appellant. Admittedly, he was a...injunction against everyone except the true owner. In this case, all the three courts concurrently found as a fact that the respondents were in possession of the land as on the date of the suit. The appellant...

...that no injunction can be gran'ted in favour of a trespasser and against the true owner.9. If we trace the history of judicial pronouncements relating to the law of injunction which...injunction can be granted in favour of a trespasser against a true owner was not raised rather in each case either there was a dispute with regard to title of the defendant or there was a dispute between...trespasser and an injunction cannot be issued in favour of a trespasser or a person who gained unlawful possession, as against the owner. Pretext of dispute of identity of the land should not be an excuse...

...had any possession, their possession is wholly unlawful possession of a trespasser and an injunction cannot be issued in favour of trespasser or a person who gained unlawful possession as against the...maintainable for permanent injunction against the true owner. In this connection reference may be made to a judgment of the Supreme Court in Premji Ratansay Shah v. Union of India..., 1994 (5) Supreme Court Cases 547? : 1995 (3) RRR 11 (SC), wherein it was held:—“It is equally settled law that injunction would not be issued against the...

...refused injunction against the trespasser. In the instant case, both the courts below have concurrently found that the respondent has been in possession of the suit field...

...possession with the aid of the Court against a true owner. It was submitted that the Court cannot grant injunction to enable a trespasser to remain in possession and thus perpetuate the act of trespass. In...the petitioner submitted that it may be true that no injunction can be granted to a rank trespasser against a true owner but injunction can always be granted to a trespasser whose act of trespass is...trespasser can obtain injunction as of right against the true owner. The remedy of permanent or temporary injunction is, it is well settled, basically an equitable relief and the plaintiff must come to court...

...questions of law enumerated in ground nos. a and b of the appeal memo. The same are -“(a) That in injunction suit filed by a co-owner against the trespasser is maintainable as it...same but in a case of injunction against a trespasser there could be conflict of interest amongst the co-owners or the coparcenors.”6. Heard Mr. Baibaswata Panigrahi, learned counsel on...A.K Rath, J.:— Plaintiff is the appellant against a reversing judgment in a suit for permanent injunction.2. The dispute pertains to a green fence. The plaintiff and the...

...restoration of possession under Section 6 of the Specific Relief Act, can the trespasser seek injunction against the true...injunction against the true owner. It has been so held also by several High Courts stating that an injunction cannot be granted in favour of a person who is a trespasser against the true owner...Sai Balaji Trading Co. v. Veeraswamy, (1980 (1) AIR 28, a contrary view has been taken that till evicted by due process of law, a trespasser is entitled to ...

...a person from taking legal proceedings and that a trespasser cannot be given an injunction in his favour against the true owner of the property.3. I have heard the learned counsel for...injunction against a true owner. Quoting Nelson's Law of Injunctions, Second Edition, page 157 it has been stated:“Trespasser cannot seek injunction against State to protect his possession. ...be issued in favour of a trespasser or a person who gained unlawful possession as against the true owner. It was observed:“It is equally settled law that injunction would not be issued...

...trespasser seek injunction against the true owner? In our view this question does not entirely depend upon Section 6 of...settled law that a trespasser cannot seek injunction against the true owner. It has been so held also by several High Courts stating that an injunction cannot be granted in favour of a person who is a...taken that till evicted by due process of law, a trespasser is entitled to injunction against the true owner. These jugments in our opinion run quite contrary to the judgments of the Supreme Court in...

...owner. The said principle applies only to a trespasser. There cannot be any doubt that no injunction can be granted against the true owner but this is a case where the plaintiff is a tenant of the land...surrendered possession. On the other hand, both the courts below rejected the grant of temporary injunction in favour of the plaintiff solely on the ground that no injunction can be granted against true...1. This revision petition has been filed against the order of learned Addl. District Judge Rohtak dated 5.12.1997 passed in Civil Appeal No. 141 of 4.11.1997 confirming the orders of...

...injunction cannot be issued in favour of trespasser or a person who gained unlawful possession as against the owner. Pretext of dispute of identity of the land should not be an excuse to claim injunction...maintainable for permanent injunction against the true owner. In this connection reference may be made to a judgment of the Supreme Court in Premji Ratansay Shah v. Union of India,1...wherein it was held:—“It is equally settled law that injunction would not be issued against the true owner. Therefore, the Courts below have rightly rejected the relief of declaration and...

..., the Supreme Court held that if the trespasser is dispossessed in that event the trespasser cannot file a suit and get injunction against the owner. Accordingly it cannot be said that forcible dispossession by the...) the question that came for consideration was, whether a trespasser has got a right of protection against eviction, and whether the Court can issue mandamus against eviction in such cases. While...than in due course of law, but a trespasser who has been thrown out of possession otherwise than in due course of law cannot go to court under Sec. 9 and claim possession against the true owner...

...different reliefs. The case reported in ILR 38 Cal 791 (B), can be distinguished from the present case because the former suit was brought for an injunction against a trespasser who was...termination of a license, maintain a suit against his licensee for a mandatory injunction directing him to vacate the property.2. In order to appreciate how the above question of law has arisen...finding that the trial court passed a decree against the defendant respondent directing him to vacate the disputed house. In substance the decree amounts to a mandatory injunction under...

...protection of law. Learned counsel contends that an injunction against a true owner and in favour of trespasser in settled possession can also be granted. He places reliance on a decision of the Hon'ble...being the true owner, no suit for permanent injunction was maintainable against it.Notice of motion was issued vide order dated 31.01.2012, noticing as under:-“Heard...under vide order dated 11.02.2014:-“Learned counsel for the respondent states that no injunction can be granted in favour of a person, who is in unauthorized possession and against a...