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SANJAY DHAR
Raj Kumar, S/o. Behari Lal – Appellant
Versus
Paramjit Singh, S/o Lt. Sh. Partap Singh – Respondent
JUDGMENT :
1. By this common judgment, two appeals, MA No. 12/2023 arising out of order dated 24.05.2023 passed by the learned 1st Additional District Judge, Jammu and MA No. 30/2023 arising out of order dated 21.08.2023 passed by the learned Additional District Judge, Jammu are proposed to be decided. Since the subject matter of both the appeals is the same, as such, both these appeals are being decided together.
2. Vide MA No. 12/2023, the appellants have challenged order dated 24.05.2023 passed by the 1st Additional District Judge, Jammu, whereby in a suit filed by respondent-Paramjeet Singh against the appellants-Raj Kumar etc. for grant of permanent prohibitory injunction, while deciding the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC), the learned trial Judge has temporarily restrained the appellants from causing interference into peaceful possession of the respondent-plaintiff over the suit land measuring 4 kanal and 5 marlas falling under khasra Nos. 2034, 1753, 436 and 422 situated at Village, Salehar, Tehsil, R. S. Pura.
3. Vide MA No. 30/2023, the appellant-Paramjeet Singh, who happens to be respondent in MA No. 12/2023, has assailed orde
The burden of proving possession of the property lies heavily upon the party claiming possession, and consistent entries in revenue records in favor of one party and the lack of sufficient evidence o....
(1) One who claims possession has to give all relevant details and he has to disclose basis of his claim to continue in possession. (2) A person in a settled possession even on assumption that he had....
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
The appellate court can reverse trial court findings and consider all evidence in a permanent injunction suit, even after confirming some findings, if the trial court inadequately assessed the eviden....
Second appeal under Section 100 CPC requires substantial question of law; findings on title and possession upheld where no perversity shown.
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
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....
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