Possession is good against all but the true owner, and even unlawful possession can be protected against wrongful dispossession.

( 1 ) THIS appeal by the plaintiff is preferred against the judgment and decree dated 31-3-1977 passed by the Civil judge, Raichur, in R. A. No. 121 of 1975 affirming the decree dated 28-8-1975 passed by the Munsiff, Raichur, in O. S. No. 144 of 1973.

( 2 ) THE appellant filed the aforesaid suit for a permanent injunction restraining the defendants-respondents from interfering with his peaceful possession of the land bearing Survey No. 322 measuring 18 acres 19 guntas assessed at Rs. 25-72 situated at Kadlur village, Raichur Taluk, extending up to the public road towards south. The plaintiff s case was that he was the owner in possession of the land bearing S. No. 322. The further case of the plaintiff was that the defendants disputed the possession of the suit land to the extent of 1 acre 5 guntas abutting the road on the south. The defendants resisted the suit. On the basis of the pleadings, the trial Court framed the following issues :" (1) Whether the plaintiff proves that he is in lawful possession of the entire suit schedule land ? (2) Is he entitled to the injunction sought for ? (3) To what reliefs the parties are entitled ?"the trial Court answered Issues 1 and 2 in the negative and accordingly dismissed the suit. In the appeal, the lower appellate Court raised the following points for determination :" (1) Whether the plaintiff-appellant proves his lawful possession of the disputed portion, namely, the suit land measuring 1 acre 5 guntas as alleged by the plaintiff ? (2) Whether lower Court's judgment and decree are justified to be interfered with as challenged ?"it also answered both the points in the negative. Consequently, it affirmed the decree of the trial Court.

( 3 ) HAVING regard to the contentions urged on both sides, the following point arises for consideration : having regard to the finding recorded by the lower appellate Court that the plaintiff is in possession of an extent of 1 acre 5 guntas abutting the road towards the south and the said area forms part of the land S. No 317 belonging to the defendants, whether the courts below are justified in refusing to grant a decree for permanent injunction to protect the possession ot the plaintiff.

( 4 ) THE lower appellate court has recorded a finding that 1 acre 5 guntas in question does not form part of Survey no. 322 belonging to the plaintiff, but it forms part of S. No. 317 belonging to the defendants and as such, they are the owners of the disputed area measuring 1 acre 5 guntas. It has also further held that as the possession of the plaintiff is not lawful, he is not entitled to a decree for permanent injunction as against the defendants who are the true owners of the disputed portion of the land measuring 1 acre 5 guntas abutting the road in question.

( 5 ) ON the basis of the aforesaid findings recorded by the lower appellate court, Sri Jayavittal Kolar, learned counsel for the appellant, submits that as it is not permissible for the defendants, even if they are the owners, to take law into their hands and forcibly dispossess the plaintiff, the possession of the plaintiff requires to be protected and that the injunction sought by the plaintiff is in reality not to protect the possession of the plaintiff, but in effect to prevent the defendants from resorting to illegal means to forcibly dispossess the plaintiff. Learned counsel places reliance on a decision of the High Court of Kerala in Karthiyayani amma v Govindan reported in AIR 1980 kerala 224, a Division Bench decision of this Court in M/s. Patil Exhibitors (P) ltd. v. Corporation of the City of Bangalore reported in I. L R. 1985 Kar. 3700 and also another decision of this Court in matlawwa v. Balappa reported in 1983 (1) Karnataka Law Chronicle, 154.

( 6 ) ON the contrary, it is contended by Sri. Raikote, learned counsel appearing for the respondents, that when it is found that the plaintiff has no title to the suit property and his possession is held to be an illegal possession a