21.(i) Learned counsel for the appellant/plaintiff places reliance
upon two judgments of the Supreme Court in the cases of
Subramanya Swamy Temple, Ratnagiri Vs. V. Kanna Gounder
(Dead) by LRs. (2009) 3 SCC 306 and Rame Gowda (Dead) By LRS.
Vs. M. Varadappa Naidu (Dead) By LRs.
(ii) In the recent judgment in the case of Behram Tejani and
Others Vs. Azeem Jagani (2017) 2 SCC 759 it has been held by the
RFA No.661/2017 Page 21 of 23
Supreme Court that long possession of a gratuitous licensee does not
create any right or interest in the property, and therefore, long
possession of a gratuitous licensee will not entitle such a person to
grant of injunction against dispossession. In the present case, it is seen
that the appellant/plaintiff has failed to prove his right/title in the suit
land as the case of adverse possession pleaded has failed. Therefore
mere long possession without any right/title of the appellant/plaintiff
will not entitle the appellant/plaintiff to the discretionary relief of
injunction.