Mandatory Injunction--Encroachment--Discretionary Nature of Relief Bars Grant Where Plaintiff's Conduct Involves False Pleadings
Mandatory injunction under the Specific Relief Act is a discretionary remedy and cannot be claimed as a matter of right merely on proof of encroachment. Even where a demarcation report establishes encroachment by the defendants, courts retain discretion to deny such relief if the conduct of the plaintiff is found to be unfair or based on false pleadings. A plaintiff who approaches the court with incorrect averments disentitles himself from equitable relief.
