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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Durgi Devi – Appellant
Versus
Tej Ram – Respondent
The present petition arises out of the judgment dated 24.3.2021, as passed by the learned District Judge, Mandi, District Mandi, H.P., whereby the appeal preferred by the present respondents/defendants was allowed and the order dated 14.1.2020, as passed by the learned Civil Judge, Court No.2, Mandi, District Mandi, was set aside and consequently, the application filed by the petitioners under Order 39 Rules 1 and 2 CPC preferred for grant of temporary injunction against the respondents was ordered to be dismissed.
2. The brief facts of the case are the petitioner/plaintiff filed a suit for declaration and injunction under Sections 34 and 38 of the Specific Relief Act in the Court of learned Civil Judge, Senior Division, Mandi on 21.11.2019. It was averred in the plaint that the land comprised under Khewat Khatauni No. 264/364, Khasra No. 482, measuring 2-1-18 bighas, situated in Muhal Takoli, Tehsil Aut, District Mandi, is recorded under the ownership and possession of the plaintiff, defendants and proforma defendants, which entry regarding defendants/respondents showing them as joint co-owners in possession to the extent of ½ share is wrong, illegal, inc
A party seeking a temporary injunction must demonstrate a prima facie case, balance of convenience, and irreparable loss, which the plaintiff failed to do.
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
The legal point established in the judgment is that a party cannot retrospectively undo a legal status created by a predecessor, and a valid explanation for inaction over a long period is required.
Revenue records do not confer title; civil courts lack jurisdiction over revenue matters, affirming the authority of revenue officials in correcting entries and ejecting trespassers.
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.
The main legal point established in the judgment is the significance of prima facie case, irreparable injury, and balance of convenience in deciding on temporary injunction. The judgment also highlig....
A suit for permanent injunction requires valid title; without adherence to statutory requirements for land transactions, such claims are unsustainable.
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