OM VEER SINGH Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard Sri B. D. Mandhyan, assisted by Sri S. K. Vidyarthi for petitioner and Sri P. K. Jain for contesting respondents.

(2.) Petitioner has instituted Original Suit No. 155 of 1997 against respondent Nos. 3 to 7 for permanent injunction. An application for interim injunction was rejected by trial court. By the same order, an application for injunction in counter claim was allowed. Aggrieved, petitioner filed an appeal which has been dismissed by the appellate court.

(3.) Counsel for petitioner submits that petitioner was a tenant of the disputed property and that in any case, his possession was permissible. He was, therefore, entitled to interim injunction. The courts below have found that the rent receipts dated 31.12.1992, paper No. 9A, was issued by defendant Anil Kumar who is not owner of the property. He was neither authorised nor attorned to issue rent receipts by the owners, namely, Rajiv Kumar, Sanjiv Kumar and Smt. Aruna. The other rent receipts were also not executed by the owners. It was also found that petitioner is not in possession. He had taken the land for carrying on business of dairy. The Amin's report paper No. 18C, however, did not find any dairy in existence on the disputed site. Petitioner was, as such, not found to have any prima facie case, and that the balance of convenience and Irreparable injury was also not found to be in his favour. Appellate Court justified grant of injunction in favour of defendant as they were prima facie found to be owner of the property. Shri B. D. Mandhyan submits that a person in settled possession of the property, even if he has no right to remain on property, cannot be dispossessed even by true owner except by recourse to law, and even if petitioner is tresspasser, if he has accomplished the taking over of possession, to the knowledge of true owner, the possession cannot be taken back except by authority of law. He has relied upon the Judgments In Ram Rattan v. State of U. P., AIR 1977 SC 619 ; Krishna Ram Mahale v. Shobha Venkat Rao, AIR 1989 SC 2097 ; Samir Sobhan Sanyal v. Tracks Trade (P.) Ltd.. AIR 1996 SC 2102 and Shama Prashant Raje v. Ganpat Rao and Ors., (2000) 7 SCC 522.