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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Jaswant Behl – Appellant
Versus
Subhash Kumar – Respondent
JUDGMENT :
Romesh Verma, J.
The present petition arises out of the order as passed by the learned Senior Civil Judge, Dharamshala, Distt. Kangra, HP dated 08.04.2022, whereby the application filed by the defendant/petitioner under the provisions of Order 23 Rule 3 of CPC read with Section 151 CPC for dismissing the suit has been ordered to be dismissed.
2. The facts of the case are that the plaintiff/respondents filed a suit under Section 34 and 38 of Specific Relief Act for declaration and injunction to the effect that the plaintiff having been a tenant to the extent of ½ half share of the land comprised in Khata No.1, Khatauni No.8, Khasra No. 293 min, 294, 296, 297, 298, 299, 300, 301, 302, 484/321, 489/433 min, and 303 area measuring 29 kanal, 10 marlas situated in tika Dhyal, Mauza and Tehsil Dharamshala, District Kangra, H.P. has become owner by operation of the HP Tenancy & Land Reforms Act.
3. It was stated in the plaint that the defendants are very powerful and influential persons and they are manipulating the transfer of very valuable piece of land, in connivance with the revenue officials and during the jamabandi for the year 1985-1986 got the plaintiff deleted from the
An agreement to sell does not confer ownership rights unless formal transfer occurs per the Transfer of Property Act; procedural integrity is essential in property disputes.
Possession claims must be substantiated with evidence; the mere existence of an old agreement without action does not support a claim for possession after significant delay.
(1) Compromise of suit – For a valid compromise in a suit there has to be a lawful agreement or compromise in writing and signed by parties which would then require it to be proved to satisfaction of....
A party seeking a temporary injunction must demonstrate a prima facie case, balance of convenience, and irreparable loss, which the plaintiff failed to do.
Withdrawal of a suit post-adjudication at the appellate stage requires strong justification to avoid prejudicing vested rights established by a prior decree.
Point of law: Validity of, and effect of S. 52 – Doctrine of lis pendens is based on ground that it is necessary for administration of justice that decision of a court in a suit should be binding not....
The right to withdraw a suit at the appellate stage is not absolute; it depends on the crystallized rights established by the court's earlier judgments.
Unregistered agreements to sell do not confer legal rights without compliance with registration laws.
A party alleging an oral agreement for sale must prove its existence and payment through substantive evidence; failure to do so can lead to dismissal of the suit.
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