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MAHENDAR KUMAR GOYAL
Mukesh – Appellant
Versus
Sarpanch – Respondent
JUDGMENT :
Mr. Mahendar Kumar Goyal, J. - This civil second appeal has been preferred against the judgement and decree dated 15.10.2019 passed by the learned Additional District Judge No.1, Bharatpur (for brevity, "the learned appellate Court") in Regular Civil Appeal No.42/2019 (CIS No.21/2019) whereby, while dismissing the appeal preferred by the appellants/plaintiffs (for brevity, "the plaintiffs"), the judgement and decree dated 19.01.2019 passed by the learned Civil Judge, Bharatpur (for brevity, "the learned trial Court") dismissing the Original Suit No.165/2015 (Computer Registration No.147/2015) for permanent injunction, have been affirmed.
2. The relevant facts in brief are that the plaintiffs filed a suit for permanent injunction against the respondent/defendant stating therein that they purchased the subject plot measuring 0.032 hectare, a part of Khasra No.48 recorded in the Khatedari of Gram Panchayat Bilothi, in an open auction dated 15.06.1991 with highest bid of Rs.3,000/- and obtained its possession. It was averred that taking undue advantage of its entry in the jamabandi still in the name of Gram Panchayat Bilothi, the defendant has threatened them of dispossession.
A suit for injunction is not maintainable if the plaintiff has knowledge of unclear title issues and the vendors lack the right to convey property.
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....
Point of Law : An appeal against exercise of discretion is said to be an appeal on principle. The Appellate Court will not reassess the material and seek to reach a conclusion different from the one ....
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
Appellate court cannot admit additional evidence under Order 41 Rule 27 CPC absent due diligence proof or necessity for judgment; must record reasons; erroneous allowance despite negligence and delay....
Point of law: Rule 23- A it is evident when the suit is decreed otherwise than on a preliminary issue and retrial is considered necessary, it is only then that the case has to be remanded. In other w....
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.
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