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ARUN BHANSALI
Kaluram – Appellant
Versus
Dinesh Kumar – Respondent
JUDGMENT
This second appeal under Section 100 CPC is directed against the judgment & decree dated 19.01.2021 passed by the Additional District Judge, Pindwara, District Sirohi, whereby the appeal filed by the appellant against the judgment & decree dated 08.02.2018 passed by the Civil Judge, Pindwara, District Sirohi has been rejected and the decree for permanent and mandatory injunction passed by the trial court has been upheld.
The suit was filed by Dinesh Kumar against the appellant- defendant, inter-alia, with the averments that the plaintiff's house was situated at Village Jhadoli, the boundaries of the house were indicated in the plaint. It was averred that the plaintiff has purchased the land from Jaisa Ram S/o Galbaji by a registered sale deed dated 06.04.1993. It was claimed that the only way for coming on the said plot was from the public lane situated on Western side of the plot.
Alongwith the suit, a map was produced, wherein the disputed public way was indicated as B.P.G.H. and the width of the lane was indicated as 13ft. It was claimed that the lane was in existence for long time and is being used by him as and when required. The defendant, without any right, has constru
The main legal point established in the judgment is that the existence of the public lane, as indicated in the sale deed, and the defendant's lack of ownership over the lane were crucial in determini....
Failure to seek declaration and recovery of possession is a legal hurdle in granting a mandatory injunction. The burden to establish the right shifts to the plaintiff, who must prove the disputed lan....
Injunction suits require declaration where title disputed; long continuous user of pathway protectable by status quo injunction without title or easement declaration, to preserve peace and prevent li....
Point of law : Suit for mandatory injunction was filed for removal of huts on the land against the defendants, who were described as the encroachers without requesting relief of possession, and decla....
The plaintiff must demonstrate ownership or lawful possession to maintain a suit for permanent injunction; lack thereof results in dismissal.
The main legal point established in the judgment is the interpretation of Section 8 of the Transfer of Property Act to determine the rights of the parties regarding the usage of a common lane.
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