OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this case admittedly the appellant has been found as unauthorised occupant by both the Courts below. In view of this finding the suit of the appellant-plaintiff is not maintainable for permanent injunction against the true owner. In this connection reference may be made to a judgment of the Supreme Court in Premji Ratansay Shah and Ors. v. Union of India and Ors., 1994(5) Supreme Court Cases 547, wherein it was held:-

(2.) The learned counsel has, however, referred to a recent judgment of the Supreme Court in Walter Louis Franklin (dead) through LRs. v. George Singh (dead) through LRs., 1997(2) R.C.R. (Civil) 41 (SC). I, however, find that the facts of this case relied upon by the learned counsel for the appellant are not similar to facts of the case before me. In the case of Walter Louis Franklin (supra) the plaintiff had pleaded that he had purchased the property in question from the church under a sale deed in the year 1937 and in that case the possession of the plaintiff was not found unauthorised whereas in the present case the appellant is admittedly an unauthorised occupant.