Supreme Court of India · 2009-05-01
Dhanpal Balu Lhawale And Ors vs Adagouda Nemagouda Patil (D) By Prop. Lr
- Citation / case number
- AIRONLINE 2009 SC 473
- Court
- Supreme Court of India
- Petitioner
- Dhanpal Balu Lhawale And Ors
- Respondent
- Adagouda Nemagouda Patil (D) By Prop. Lr
- Author
- Harjit Singh Bedi
- Bench
- Harjit Singh Bedi, Dalveer Bhandari
Judgment text excerpt
The Supreme Court held that the plaintiff, Adagouda Nemagouda Patil, was only a trespasser after his claims based on a will and tenancy were rejected. The Court allowed the amendment application to seek a decree for injunction in favor of the petitioners, emphasizing that even a trespasser can be granted an injunction if they have been in possession for a significant period. The Court upheld the High Court's decision to grant an injunction despite the plaintiff's unlawful possession, thereby affirming the principle that possession can confer rights to seek protection against dispossession.