Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Mata Amritanandamayi Math – Appellant
Versus
Anil Kumar Jain – Respondent
| Table of Content |
|---|
| 1. overview of property disputes and transactions. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding trespass and property rights. (Para 8 , 14) |
| 3. court's observations on property demarcation. (Para 9 , 10 , 11 , 12 , 13) |
| 4. judicial reasoning against granting interim injunction. (Para 15) |
| 5. conclusion and order to set aside the injunction. (Para 16 , 17 , 18) |
JUDGMENT :
ANIL KSHETARPAL, J.
1. Through this Appeal, filed under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 [hereinafter referred to as "CPC"] read with Section 10 of the Delhi High Court Act, 1966, the Appellants [Plaintiffs in CS(OS) 339/2022 and Defendants in CS(OS) 340/2022 and CS(OS) 793/2022] assail the correctness of the Order dated 20.05.2025 [hereinafter referred to as "Impugned Order"] passed by the learned Single Judge while issuing ad interim mandatory injunction, directed the Appellant No.1 to demolish the boundary wall and vacate 92 sq. yds. portion of the land forming part of plot no.D-1, Khasra No. 17/2/2 situated in Mehrauli, Delhi.
2. Smt. Gayatri Devi [hereinafter referred to as "Smt. Gayatri"] is stated to be the owner of 1 bigha land measuring 1008 sq. yds. Out of this 10
The court emphasized that the burden to prove encroachment lies with the claimant, and ad interim mandatory injunctions are granted only in exceptional circumstances, reaffirming their limited applic....
Validity of demarcation report as evidence and the requirement for specific boundaries in property disputes.
The central legal point established in the judgment is the requirement for establishing ownership through demarcation or otherwise in cases of disputed land ownership.
In property disputes, discrepancies between title deeds and TSLR reports favor the registered dimensions in determining ownership and encroachment, with physical possession reports being pivotal.
Ascertainment of boundaries of immoveable properties is domain of Revenue Officer in exercise of powers under Section 107 of Himachal Pradesh Land Revenue Act.
The main legal point established in the judgment is the reliance on the Advocate Commissioner's report to determine the extent of encroachment and ownership of the disputed property.
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
