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AJAY RASTOGI, ABHAY S.OKA
Himalaya Vintrade Pvt. Ltd. – Appellant
Versus
Md. Zahid – Respondent
ORDER :
1. Leave granted.
2. The appellant-defendant has approached to this Court assailing the order passed by Ld. Trial Judge and confirmed by the High Court on the application filed at his instance under Order VII Rule 11, Civil Procedure Code, 1908.
3. The facts on record are not in dispute. The appellant-defendant initially entered into an agreement to sell of the subject property in question on 23.02.2018 and after a formal deed of conveyance finally a sale deed was executed on 30.09.2019 and his right of ownership over the subject property in question became absolute.
4. The respondent no.1-plaintiff filed a suit with the following prayer:
(b) for the permanent injunction restraining defendant to disturb or evict the peaceful possession of the plaintiff otherwise then the due course of law.
Schedule A of property
All that an area of land admeasuring 16 kh. 3 ch. 4 sq.ft. be the same and a little more or less with three storied residential building have each floor are 5000 Sq.ft. more or less and
The cause of action is a bundle of facts and cannot be decided at the preliminary stage of the suit.
A permanent lease does not confer ownership rights, and the distinction between leasehold rights and ownership must be carefully evaluated in legal disputes concerning property.
The main legal point established is that adverse possession requires open and hostile assertion of ownership, and mere long possession is insufficient to sustain a claim. Additionally, the importance....
A plaint can be rejected under Order VII Rule 11 if it fails to disclose a valid cause of action, particularly when previous court decisions negate the claims made.
A plaintiff with lawful possession can seek an injunction against interference, and if ownership is disputed, they may need to prove title in a suit for declaration alongside injunction.
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