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PANKAJ MITHAL, R. MAHADEVAN
Kamal Kishore Sehgal (D) Thr. Lrs. – Appellant
Versus
Murti Devi (Dead) Thr. Lrs. – Respondent
JUDGMENT :
(Pankaj Mithal, J.) :
1. The suit of the plaintiff now represented by her heirs and legal representatives (respondents herein) for the decree of permanent injunction in respect of the use of passage, more commonly described as ‘common passage’, was dismissed by the court of first instance, but in appeal the judgment and order of the Trial Court has been reversed and the suit stands decreed.
2. In the above circumstances, the defendants and their legal representatives (appellants herein) have preferred this appeal.
3. We have heard Mr. S. K. Sharma, advocate for the appellants and Mr. Gaurav Agrawal, Sr. Advocate for the respondents.
4. The pleadings of the parties reveal that Sh. Jaspal Singh along with Smt. Raj Rani and Smt. Sudesh Rani jointly purchased a piece of land measuring 3116 square yards, more popularly/particularly described as plot no. 8C, Rajpur Road, Civil Lines, Delhi vide sale deed dated 30.09.1972. Out of the aforesaid 3116 square yards of land, Sh. Jaspal Singh became the absolute owner in possession of 1398 square yards of land with all easementary rights and this area in his possession came to be marked as Municipal No. 8C/1, Rajpur Road, Civil Lines, D
(1) Decree of permanent injunction cannot be granted by going against stipulations in agreement to sell.(2) Interpretation of Documents – Where language employed in instrument is clear and unambiguou....
In a suit for permanent injunction, the burden of proof lies on the plaintiffs to establish their title and right to the property, which was affirmed by the court based on evidence of joint usage.
The judgment establishes that a disputed passage is deemed a common passage, rejecting claims of exclusive ownership when the claimant fails to provide adequate evidence of possession.
Court clarified that claims for easementary rights require explicit pleadings and declarations, ruling on injunction based on possession without such declarations is unsustainable.
Where Easement Act inapplicable, easement rights governed by justice, equity, good conscience; right by gift deed extinguished by changed circumstances providing independent access and causing servie....
A unilateral gift deed executed without consent of prior property owners is invalid, reinforcing the necessity for proper consent and title rights in property disputes.
The main legal point established in the judgment is the requirement for a proper examination of evidence and claims in cases involving right of way, and the need for the court to consider all relevan....
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