Request citations from various courts solicited

suman (Querist) 13 February 2012 This query is : Resolved
Sir,

plaintiff(tenant)obtained permanent injunction against the Land Lord(house owner)for forceable eviction and interferance,which plea was not proved at any point in the trial.

The Defendants are prefering an appeal to set aside the erroneous judgment and vacate the stay.

Please help me to get citations Urgently from various courts wherein the Plaintiffs(tenants)are not entitled to seek permanent injunction against the owners.

Thank you Sirs.

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Arvind Singh Chauhan (Expert) 13 February 2012
Select any one of suiting to your case-

Ingredients- (1) Actual and physical possession of property concerned (2) Right recognized by law to be in possession-Prima facie case of possession and balance of convenience alone- no ground for getting P.I. against true owner. A.I.C.-2003-Vol-11-Mad-351.

Relief – A person in possession is entitled to get permanent injunction against all except true owner.- S.C.D.-2001(2)- ALL-374.

Well settled law that no injunction could be granted against true owner at instance of person in unlawful possession- UAD-2007-UTT-995-SC’s Rulings., UAD-2008-UTT-239-SC’s Ruling.

A person in possession of a property is not entitled to injunction against true owner of the property-A.L.R.-2006-Vol-62-All-877

Injunction can’t be granted against true owner at the instance of a trespasser or a person in illegal possession – C.C.C,-1998 (3). Orissa-202.

Trespasser- availability of protection of law against real owner- when not available-A.L.R.-2006-Vol-62-397.

Suit for permanent injunction by a person in possession can not be maintained against true owner- S.C.D.-2003(2)-All-407.

ajay sethi (Expert) 13 February 2012
tenant can file a suit for prohibitory injunction against the landlord since the tenant has the legal right to remain and continue in possession of the property till he is evicted by due process of law.

since court has granted a permaneent injunction restraining landlord from evicting the tenant in appeal landlord can appeal aginst said order

Guest (Expert) 13 February 2012
THE TENANT HAS GOT RIGHT TO SEEK INJ AGAINST LAND LORD. IT IS FOR THE LAND LORD TO PROCEED AS PER LAW FOR EVICTION OR OTHER THINGS.

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