Supreme Court · 1994 INSC 279 · Decided 22 July 1994
Premji Ratansey Shah and Ors v. Union of India and ORS.
- Court
- Supreme Court of India
- Citation
- 1994 INSC 279 · [1994] SUPP. 2 S.C.R. 117
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 10792/1994
- Decided
- 22 July 1994
- Bench
- K. RAMASWAMY, N. VENKATACHALA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act Section 4J(j); Land Acquisition Act Section 4(1)
Headnote
Specific Relief Act, 1963: Section 4J(j) Injunction-Grant o~Whether discretionary and equitable relief-l'laintiff must have personal interest-Right not in existence cannot be protected by injunction-Injunction cannot be is­ sued against true owner or in favour of a tres-passer. Certain lands of the land was also banded over A B c to the railways. As a result of these acquisition proceedings the original land owners were divested of their title and bad interest to alienate the land acquired. However the petitioners filed a suit for declaration that they D were successors in
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