unlawful occupant cannot seek injunction gainst true owner

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 It is settled law that injunction is an equitable relief and an unlawful occupant cannot seek injunction against the true owner. Reliance is also placed on the judgment of Thomas Cook (India) Ltd v. Hotel Imperial, (2006) 88 DRJ 545, where it was observed as follows:

"15. In our view injunction is an equitable relief and the Court must see whether a person who is a trespasser can seek the helping hand of the Court for protecting his unlawful possession as against the owner. A person who seeks equity must do equity. He must also come to Court with clean hands. When he does these things there will be no occasion for him to seek an injunction inasmuch as the trespass would have automatically stood vacated. If he does not do these things, he cannot at the same time ask for the helping hand of the Court to protect his illegal possession."


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