AIR 2004 SUPREME COURT 4609 ::2004 AIR SCW 4205 ::2004 AIR - Jhar. H. C. R. 2274 ::2004 AIR - Kant. H. C. R. 2297 ::(2004) 14 IndLD 109 ::(2006) ILR (Kant) 1047 ::(2005) 1 CivLJ 172 ::2004 (1) SCC 769 ::2004 (1) RecCivR 519 ::(2003) 10 Scale 950 ::2004 (1) All CJ 632 ::2004 (1) CurCC 218 ::2004 (2) Cal HN 33 ::(2004) 54 All LR 725 ::2004 (3) Bom CR 788 ::2004 (4) ICC 86 ::(2004) 2 AndhLD 31 ::2004 (3) MadLW 143 ::(2004) 2 JCR 55 (JHA) ::2004 (2) JLJR 11 ::(2004) 1 KHCACJ 773 (SC) ::2004 (1) KHCACJ 773 ::2004 (2) OrissaLR 145 ::2004 (2) PatLJR 36 ::2004 (1) LandLR 277 ::2004 (1) SLT 675 ::2003 (8) Supreme 928 ::(2004) 15 AllIndCas 738 (SC)

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): R. C. Lahoti, B. N. Srikrishna, G. P. Mathur , JJJ

Specific Relief Act (47 of 1963) , S.38— Injunction - Restraining defendant @page-SC4610from interfering with peaceful possession of plaintiff - Failure by either party to prove title - Plaintiff in 'settled possession' - It entitles him to protect his possession - Grant of injunction proper. So far as the Indian law is concerned the person in peaceful possession is entitled to retain his possession and in order to protect such possession he may even use reasonable force to keep out a trespasser. A rightful owner who has been wrongfully dispossessed of land may retake possession if he can do so peacefully and without the use of unreasonable force. If the trespasser is in settled possession of the property belonging to the rightful owner, the rightful owner shall have to take recourse to law; he cannot take the law in his own hands and evict the trespasser or interfere with his possession. The law will come to the aid of a person in peaceful and settled possession by injucting even a rightful owner from using force or taking law in his own hands, and also by restoring him in possession even from the rightful owner (of course subject to the law of limitation), if the latter has dispossessed the prior possessor by use of force. In the absence of proof of better title, possession or prior peaceful settled possession is itself evidence of title. La....