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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Narendrakumar Punjabhai Bhanghi – Appellant
Versus
Babubhao Kalabhai Bhanghi – Respondent
| Table of Content |
|---|
| 1. appellant claims rightful possession against defendants. (Para 3 , 4) |
| 2. respondents argue possession established through credible evidence. (Para 5) |
| 3. appellate court upheld findings of possession favoring respondents. (Para 8) |
| 4. discussion of legal principles related to possession claims. (Para 9) |
| 5. final ruling and dismissal of appeal. (Para 10) |
JUDGMENT :
J. C. DOSHI, J.
1. Coordinate Bench of this Court, vide order dated 13.06.2007, was pleased to admit the Second Appeal, formulating the following substantial question of law for consideration:-
“Whether on the facts and in the circumstances of the case, contrary to the documentary evidence on record, the Court below was justified; in upholding the possession of the defendant of the suit land and in refusing the relief to the plaintiffs ?”
A. IMPUGNED JUDGMENT AND DECREE:-
2. Present second appeal essentially challenges the judgment and decree delivered in Regular Civil Appeal No.16 of 2003 by the 2nd Additional District Judge, Himmatnagar at Sabarkantha whereby the judgment and decree passed by the learned trial Court in Regular Civil Suit No.65 of 1996 has been upturned and suit was dismissed. For the convenience,
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
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....
Revenue records do not confer title; civil courts lack jurisdiction over revenue matters, affirming the authority of revenue officials in correcting entries and ejecting trespassers.
Civil Suit - Suit for injunction and declaration - Nature of claims made by both the parties against each others, the issue of possession cannot be decided without conducting an inquiry as to issue o....
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
Possession on the date of filing a suit is essential for granting a permanent injunction; the First Appellate Court findings on possession were upheld as correct.
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