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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 :
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:-
A. IMPUGNED JUDGMENT AND DECREE:-
B. LITIGATION HISTORY:-
3.1. It was further the case of the appellant that the defendants, being the sons of his paternal uncle and residents of the same village, attempted to dispossess him from the suit land. Consequently, the appellant was constrained to file the aforesaid civil suit seeking injunctive relief. The learned Civil Judge (J.D.), Prantij, after appreciation of the evidence, decreed the suit in favour of the appellant vide judgment and order dated 13.03.2002. However, being aggrieved thereby, the defendants preferred Regular Civil Appeal No. 16 of 2003 before the learned District Judge, Sabar
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; 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.
Point of law - The general rule is that High Court will not interfere with concurrent findings of the Courts below. But it is not an absolute rule. Some of the well recognized exceptions are where (i....
(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....
(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....
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