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SUDESH BANSAL
Mahaveer – Appellant
Versus
Omprakash – Respondent
JUDGMENT
1. Appellants-plaintiffs have preferred this second appeal under Section 100 of Civil Procedure Code, assailing the judgment and decree dated 30.3.2022 passed in Civil Appeal No.2/2021 by Additional District Judge, Nenwa, District Bundi, whereby plaintiff's suit for permanent injunction has been allowed and appellants- defendants have been restrained not to dispossess the plaintiff from the house in question and not to interfere in his possession nor to sale the property in question to any other person.
2. Counsel for appellants-defendants has vehemently argued that learned trial Court dismissed the plaintiff's suit vide judgment and decree dated 10.4.2010 and Appellate Court committed jurisdictional error and perversity in passing the decree for permanent injunction in favour of respondent-plaintiff and against appellants-defendants. Counsel for appellants has argued that plaintiff was not in possession of the suit property and he could not have instituted civil suit against his adopted father during his lifetime. Counsel for appellants submits that suit property was self-acquired property of Mukut Bihari and he has executed a will in favour of Hanuman who is son of brothe
The legal principle established is that a person in lawful possession of a property, especially as an adopted son, cannot be dispossessed without following due process of law.
Where possession of plaintiff-respondent is not satisfactorily proved, no gainful purpose would be served in remanding the mater for re-consideration only on account of procedural lapse committed by ....
Person in possession entitled to permanent injunction without title declaration if no contra evidence.
The main legal point established in the judgment is the application of the principle 'No possession No injunction' and the jurisdiction of the first appellate court to re-appreciate evidence and reve....
A suit for permanent injunction does not require dismissal if there is no real cloud to the title of the plaintiff, warranting a declaration. There is no absolute bar under the Specific Relief Act to....
In a suit for permanent injunction, the plaintiff's possession and enjoyment of the property, as well as the absence of a real cloud to the plaintiff's title, are crucial factors in determining the n....
A co-owner's entitlement to seek permanent injunction based on established title, possession, and enjoyment, even in the absence of exclusive possession, when the defendant fails to prove her claim.
In a suit for bare injunction, the plaintiff bears the burden of proving actual possession of the specific suit survey number; reliance on ambiguous tax receipts that do not reference the contested l....
The main legal point established is that a second appeal should not interfere with findings of fact unless they are based on no evidence or are perverse, and a suit for permanent injunction simplicit....
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