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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
Dame Chand – Appellant
Versus
Chandi Dass – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
This appeal has been preferred against judgment dated26.02.2018 passed in Civil Appeal No.27 of 2017, titled as Chandi Dass vs. Dame Chand & others, decided by District Judge, Chamba Division Chamba, H.P., whereby judgment and decree dated 07.10.2017 passed by Civil Judge, Chamba, District Chamba, H.P., in Civil Suit No.151 of 2010, titled as Chandi Dass vs. Dame Chand & others, has been partially modified by passing a decree in favour of the plaintiff restraining the defendants from interfering in the suit land in any manner.
2. Parties to the lis are being referred as per their status in the Civil Suit for convenience, i.e. as plaintiff and defendants.
3. There are total eight defendants, but only defendants No.1, 3, 7 and 8 had contested the Civil Suit. Whereas, defendants No.2, 4 to 6 were proceeded ex parte.
4. Plaintiff filed a suit for permanent prohibitory injunction restraining the defendants from interfering, causing nuisance, damage or taking forcible and illegal possession of the suit land comprised in Khata Khatauni Nos. 47/79, Khasra Nos. 116, 117/1, 120/1, 140/1, 219/1 kitta 5, measuring 09-14-00 bighas situated at Mauza Purthi Pargna Sac
The court affirmed that once land is partitioned, co-sharers become independent owners, allowing for injunctions against interference by other co-sharers.
The onus of proving exclusive possession after partition lies with the plaintiff, and findings must be based on evidence rather than conjectures and surmises.
Section 36 of Specific Relief Act vests Court with power to grant injunction at its discretion.
Co-owners cannot raise construction on joint property without consent from other co-owners, and must substantiate claims of irreparable loss to obtain an injunction.
The main legal point established in the judgment is that the relief of possession by way of demolition, as an alternative to the principal relief, could be accorded by the court.
The court affirmed that ownership and possession rights established through legal proceedings protect co-owners from unauthorized interference, and minor misdescriptions in pleadings do not invalidat....
Co-sharers can construct on their respective shares of joint land without infringing on others' rights; exclusive possession does not confer separate ownership until legally partitioned.
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