Whether trespasser can claim injunction against true owner of property?
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 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 unlawful possession, as against the owner, pretext of dispute of identity of the land should not be an excuse to claim injunction against true owner.
IN THE SUPREME COURT OF INDIA
SLP No. 10792 of 1994
Decided On: 22.07.1994
Premji Ratansey Shah and Ors. Vs. Union of India (UOI) and Ors.
Hon’ble Judges/Coram:
K. Ramaswamy and N.G. Venkatachala, JJ.
Citation:(1994)5 SCC 547,