HARINDER SINGH SIDHU
Shingara Singh Alias Bahadur Singh – Appellant
Versus
Major Singh – Respondent
JUDGMENT
Harinder Singh Sidhu, J. - Challenge in the present revision is to the order 13.05.2021 (P-7) of the Ld. Additional District Judge, SBS Nagar, whereby, the appeal of the petitioner against the order dated 25.11.2020 of Ld. Civil Judge (Junior Division), SBS Nagar (P-6) dismissing the application of the petitioner filed under Order 39 Rules 1 and 2 CPC was dismissed.
2. The plaintiff-petitioner had filed the Civil suit for permanent injunction for restraining the defendant-respondents from dispossessing him from the suit property/house, interfering in his possession and from demolishing any part of the suit property comprised in Khata Number 561/669, Khasra No. 143/2(0-15) as entered in the Jamabandi for the year 2015-2016, shown as red in the site plan annexed with the suit. Along with the suit the petitioner had filed an application under Order 39 Rule 1 and 2 for restraining the defendant-respondents from dispossessing him forcibly from the suit property/house, interfering with his possession and demolishing any part of the suit property.
3. The case of the petitioner was that the property shown as red, green and yellow in the site plan (P-8) was jointly owned by the petiti
The court emphasized the difficulty in establishing exclusive possession and highlighted the protection of the petitioner's interest in the ongoing suit for partition.
Failure to provide evidence of ownership or possession can result in the dismissal of an application for injunction.
In property disputes involving conflicting claims, the court must evaluate the evidence presented to determine the balance of convenience and the necessity for a trial to resolve ownership issues.
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