Once no rights of plaintiff are proven to be violated, defendant cannot be restrained to raise construction on his own land.

The Plaintiff had raised the construction on an area larger than the land claimed to be owned by him. On other hand, the defendants had not raised the construction in violation of Town and Country Planning Rules, as claimed by the plaintiff. The rights of the plaintiff were not proven to be violated so as to successfully establish any existence of cause of action in his favour. The suit for permanent injunction was not pursued in honest manner by the plaintiff. The Himachal Pradesh High Court in AIROnline 2022 HP 242 concluded that that the Plaintiff raising construction on area exceeding land owned by him, cannot seek to restrain defendant from raising construction on his own land. Plaintiff was not held entitled to relief of injunction.