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MAHENDAR KUMAR GOYAL
Roop Chand Maheshwari (Since Deceased) through LRs – Appellant
Versus
Shakuntala Kumari through L. Rs – Respondent
| Table of Content |
|---|
| 1. ownership and encroachment dispute. (Para 1 , 2 , 3) |
| 2. court's reasoning on concurrent findings. (Para 4 , 6 , 7) |
| 3. authority of power of attorney holder. (Para 5 , 8 , 9 , 10) |
| 4. dismissal of civil second appeal. (Para 11) |
JUDGMENT :
MAHENDAR KUMAR GOYAL, J.:— This civil second appeal is preferred against the judgment and decree dated 31.8.2019 passed by learned Additional District Judge No. 4, Jaipur Metropolitan (for short the learned appellate court’) in Civil Regular Appeal No. 2/2013 (871/2014) whereby, while dismissing the appeal preferred by the appellants, the judgment dated 29.5.2013 passed by the learned Additional Civil Judge (Jr. Division), No. 3, Jaipur Metropolitan (for brevity “the learned trial Court”) partly decreeing the Original Civil suit no.214/1998 (77/97) filed by Smt. Shakuntala Kumari, the predecessor-in-interest of the respondents (for short the plaintiff) for permanent injunction, has been affirmed.
2. The relevant facts in brief are that the plaintiff filed a suit for permanent injunction against Shri Roop Chand Maheshwari, the predecessor- in-interest of the appellants (for short the defendant’) stating therein that she is owner of a hav
The burden of proof lies with the plaintiff to establish their case, and the court will uphold decisions based on evidence presented, rejecting contentions of delay and laches, and the applicability ....
The suit for injunction is not maintainable when the title of the plaintiff is under a cloud, requiring a declaration of title for proper adjudication.
A suit for injunction simpliciter is maintainable when there is interference with lawful possession, and a declaration of title is not necessary unless there is a genuine dispute over the title.
The judgment clarified the application of easementary rights in the context of joint ownership and the burden of proof on the plaintiff to establish his claims.
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