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MINI PUSHKARNA
Santra Devi – Appellant
Versus
Paramjit Kaur – Respondent
JUDGMENT
Mini Pushkarna, J. (Oral)--The present Regular First Appeal has been filed challenging the judgment and decree dated 15.07.2014 passed by learned ADJ-17, Tis Hazari Court, Delhi passed in Suit No.174/14 (old Suit No. 212/2008). By way of the impugned judgment and decree, the suit filed on behalf of respondent herein was decreed in favour of the respondent.
2. The present case pertains to property bearing No. H-39, Gali No.3, Shashtri Park, Delhi-110053. The appellant herein claims to be in adverse possession of the property in question. The respondent herein on the other hand claims to be the rightful owner of the land by virtue of agreement to sell in his favour. Fact remains that the appellant had been in possession of the suit property till April, 2022 when the possession was taken out of the hands of the appellant herein by virtue of order passed by the Executing Court.
3. In previous litigation between the parties, the respondent herein had made a categorical statement before the Court that the appellant herein shall not be dispossessed, without taking recourse to due process of law. Thus, the respondent herein had filed a suit for possession, declaration and permane
Conflicting claims of ownership and rights over the land require adjudication through trial, and the court refrained from making any decision on the merits of the claims.
The court emphasized that established decrees must be honored and that non-compliance with prior court orders can invalidate claims to retain possession of property.
Certified copy of Jamabandi entries admissible in evidence under Section 76 of Indian Evidence Act, 1872.
Ownership claims must be supported by existing legal documentation while adherence to limitation statutes may limit recovery rights in possession suits.
Execution of decree – All questions including questions relating to right, title or interest in property arising between parties to a proceeding on an application under Order XXI rule 97 or rule 99 C....
The importance of establishing right, title, and interest in a property through evidence and the finality of judgments in previous legal proceedings.
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