Injuction

Y Singh N Rajput (Querist) 17 January 2018 This query is : Resolved
A person got possession fraudulently. He is not owner. Can he obtain injunction against persons claiming to be true owner.

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Guest (Expert) 17 January 2018
Even a Tenant could get such injunction on valid grounds and obviously even the person in possession could get it on legally valid grounds.The Only option to the Real Owners is to prove the illegal occupancy and to file the Eviction Suit. Depending on the situation if the illegal occupancy could be Proved Legally even a Police Complaint and Criminal Procedures would be Possible.Discuss in Detail with Local Advocate.

BAALASUBRAMANNYAMM (Expert) 17 January 2018
Getting an injunction against the other parties, depending upon the facts of the case, which submits to a competent court of jurisdiction.

Advocate Bhartesh goyal (Expert) 17 January 2018
Trespasser can't seek injunction against true owner various S.C and H.C judgements on this point.

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Ms.Usha Kapoor (Expert) 18 January 2018
Yes! Trespasser CAN'T SEEK RIGHTS AGAINST THE TRUE OWNERS AND MANY HIGH COURT AND SUPREME COURT DECISIONS ARE CLEAR ON THIS POINT.
sEE THE BELOW GIVEN DECISIONS.

Ms.Usha Kapoor (Expert) 18 January 2018

Sopan Sukhdeo Sable & Ors vs Assistant Charity Commissioner & ... on 23 January, 2004
Relief Act, 1963 can the trespasser seek injunction against the true owner? This question does not entirely depend upon Section ... trespasser in possession could not seek injunction against the true owner. In that context this Court quoted Shiv Kumar Chadha
Supreme Court of India
- Cites 15 - Cited by 162 - Full Document
Maria Margadia Sequeria ... vs Erasmo Jack De Sequeria (D) ... on 21 March, 2012
rightful owner. It is not maintainable against the true owner. 26. This Court in Anima Mallick v. Ajoy Kumar ... observed that no injunction can be granted against the true owner and Section 6 of the Specific Relief Act cannot
Supreme Court of India
- Cites 13 - Cited by 247 - Full Document

Ms.Usha Kapoor (Expert) 18 January 2018
Apart from the above 2 Supreme court decisions more HIghcourt and Supreme court decisions are there that a tresspassre can't seek injunction against true owner.