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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANDEEP N.BHATT
Rameshbhai Bhikhabhai Patel – Appellant
Versus
Manharbhai Natwarlal Patel – Respondent
| Table of Content |
|---|
| 1. background facts of the appeal and property dispute. (Para 1 , 2) |
| 2. plaintiff's arguments regarding rightful ownership. (Para 4) |
| 3. defendants' arguments against the maintenability of the suit. (Para 5) |
| 4. court's analysis on the evidentiary and procedural aspects. (Para 6) |
| 5. court's reaffirmation of lower court's judgment. (Para 7 , 8) |
| 6. conclusion dismissing the appeal. (Para 9 , 10) |
JUDGMENT :
SANDEEP N. BHATT, J.
1. The present First Appeal, under Section 96 of the Code of Civil Procedure, 1908, is preferred by the appellant – original plaintiff, being aggrieved and dissatisfied with the judgment and order dated 26.02.2024 passed by the learned City Civil and Sessions Court, Ahmedabad, in Civil Suit No.810 of 2014.
2. Brief facts of the case are as under:
2.1 For the sake of convenience, the parties are referred as per their original status i.e. the Plaintiff and the Defendants.
2.2 The description of the suit property is as follows: T.P Scheme No.3, Municipal Ward No. 515, Final Plot No. 285, City Survey No. 2862 (Old Survey No. 325) having Tenement No. (i) 05150100100019, (ii) 0515010010002U, (iii) 05150100100035, (iv) 0515010010004Q, (v) 05150100100050, (vi) 051
A suit for injunction is not maintainable when the defendant disputes title, necessitating a comprehensive suit for declaration and partition.
Revenue records do not confer title or prove possession against commissioner report and admissions showing physical division by road and fencing; injunction suit maintainable on possession without de....
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 injunction over vacant land, genuine title disputes necessitate a suit for declaration; mere possession does not suffice without establishing title.
(1) Possession is good against all but true owner.(2) Plaintiff who has proved his right over property as well as possession over suit property, he is entitled for decree of injunction.(3) Even tresp....
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....
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