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MAHENDAR KUMAR GOYAL
Mukesh – Appellant
Versus
Sarpanch – Respondent
| Table of Content |
|---|
| 1. the issue revolves around ownership and possession. (Para 1 , 2 , 3 , 4) |
| 2. counsel's claim of non-consideration of evidence. (Para 5) |
| 3. observations on the merits of plaintiffs' ownership claim. (Para 6 , 7) |
| 4. court's reasoning regarding application under order 41, rule 27 cpc. (Para 8 , 9 , 10) |
| 5. suit for permanent injunction without title is not maintainable. (Para 11) |
| 6. civil second appeal dismissed due to lack of substantial question. (Para 12) |
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 pe
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.
Failure to challenge admitted sale and gift deeds renders declaration of title suit non-maintainable; no right to additional evidence under Order 41 Rule 27 CPC.
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....
Second appeals under CPC S.100 do not permit re-appreciation of evidence; concurrent findings upheld absent perversity or substantial question of law. Adverse possession claim fails without rebutting....
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.
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