JUDGMENT
R.L. Anand, J.
Learned counsel for the petitioner relies upon Walter Louis Franklin (dead) through LRs v. George Singh (dead) through LRs, 1997(2) Recent Civil Reports 41. The judgment relied upon by the learned counsel for the petitioner is distinguishable on the facts. It has been observed in Jiya Lal v. 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 that would mean driving the true owner to go to civil Court and ask for possession against wrong-doer.”
Besides this, this Court has also held in Jit Singh v. Sardara Singh, 2000(3) Recent-Civil Reports 566 that :-
“A person in long possession of property without any right, title, grant, lease – Such possession does not give any right to the person to retain possession against true owner”
Similar view was also taken by this Court in Sardara Singh v. B.D.P.O. and another, 2000(4) Recent Civil Reports 532 wherein it was held that :-
“If the application of the plaintiff is dismissed by the trial Court and the appellate 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 petitioner is without any right, he cannot be allowed to perpetuate his possession.”
In the present case, the case set up by the petitioner is that the land in question was allotted to his predecessor but there is no document in this regard.
This revision petition is dismissed. Nothing stated above shall mean an expression on the merits of the
case.
Revision dismissed