Back
TUSHAR RAO GEDELA
Manjula Pathak Krippendorf – Appellant
Versus
Preeti Dawra – Respondent
JUDGMENT
Tushar Rao Gedela, J.
[ The proceeding has been conducted through Hybrid mode ]
1. This is a Second Appeal filed by the appellant/defendant against the order passed by the learned First Appellate Court in RCA No. 41/17 titled as "Dr Manjula Pathak Krippendorf Vs Ms Preeti Dawra & Anr" dated 16.07.2018, whereby the appeal under Section 96 of the Civil Procedure Code, 1908 (hereinafter referred to as "CPC") was dismissed confirming the judgment and the decree dated 11.04.2017 passed by the learned Trial Court in CS No. 83267/16 titled as "Preeti Dawra & Anr Vs Smt Manjula Pathak Krippendorf".
2. For the purpose of convenience, the parties would be referred to, as they were referred before the Trial Court.
FACTS NOTED BY THE FIRST APPELLATE COURT
3. The plaintiffs claimed to be in possession of the first floor of property no. B-56, Defence Colony, New Delhi (hereinafter referred to as "suit property") by virtue of a registered sale deed dated 03.08.2006.
4. It was further averred that the suit property was rented out to a third party and when the tenants left the suit premises on 05.09.2010, the defendant started causing trouble by putting up locks on gates and doors of the
A suit for injunction simpliciter is not maintainable when the defendant raises a genuine dispute with regard to title and when he raises a cloud over the title of the plaintiff. Deprivation of oppor....
Suit of the plaintiff for bare injunction is not maintainable and the First Appellate Court could not have decreed the suit of the plaintiff, when the defendants apart from denying the title and poss....
(1) Only when title is clear, Court can decide question of de jure possession.(2) Question of title can be decided only by filing a comprehensive suit for declaration of title and not a suit for inju....
In a suit for injunction over vacant land, genuine title disputes necessitate a suit for declaration; mere possession does not suffice without establishing title.
A suit for permanent injunction is not maintainable when a genuine dispute on title arises. The proper remedy is a comprehensive suit for declaration, reaffirming the principle that possession follow....
In a suit for permanent injunction, a plaintiff must establish possession; mere claims of ownership without evidence do not suffice to challenge established rights.
In a second appeal under Section 100 of the CPC, the High Court cannot re-appreciate evidence or interfere with concurrent factual findings unless a substantial question of law is demonstrated; addit....
In a suit for permanent injunction, the plaintiff must establish possession; failure to contest evidence leads to confirmation of ownership and injunction.
In a suit for permanent injunction, the plaintiff must establish possession of the property to obtain relief, and mere claims of ownership by a defendant do not suffice to cloud the title of the plai....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
