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Ramubhai Dahyabhai Rathod vs Surat Municipal Corporation And Ors. on 29 February, 2000 cites

Premji Ratansey Shah And Ors. vs Union Of India (Uoi) And Ors. on 22 July, 1994

"The persons who are simply trespassers on the land and the person who have already executed a registered sale deed in favour of the respondent-plaintiff wherein specific averment is contained that the respondent-plaintiff is put into possession of the land in question and that they have no right, title or interest over the land in question thereafter cannot be permitted to state that they were in possession of the hut when the Court Commissioner made the panchnama. In fact, they had no vestige of title over the land in question to entitle them to a relief of injunction. The Apex Court has in the case of Premji Ratansey Shah v. Union of India, reported in 1994 (5) SCC 547 : (1995 AIR SCW 2425) clearly taken the view that grant of injunction is a discretionary and equitable relief. Ordinarily, no injunction can be issued in favour of a trespasser or a person who gained unlawful possession as against the true owner. The person must show his personal interest in the property and when the Court found that in the case before it the person has no title whatsoever over the land as against the true owner, the Court held that no injunction could be granted. In Para 5 of the reported judgment, the Court made following pertinent observations which in clear terms laid down the law on the subject:
Supreme Court of India Cites 7 - Cited by 308 - Full Document
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