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ALKA SARIN
Phool Singh – Appellant
Versus
Amit Kumar – Respondent
JUDGMENT
Alka Sarin, J. - The present revision petition under Article 227 of the Constitution of India has been filed challenging the impugned orders dated 05.04.2022 and 08.03.2022 passed by the Courts below dismissing the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) filed by the plaintiff-petitioners herein.
2. The brief facts relevant to the present Us are that the plaintiff-petitioners filed a suit for permanent injunction averring therein that they were the owners in possession of Residential Plot No.2 measuring 394 sq. yards comprised in Killa No.216//10/1, 11, 12, 20, 22 min, Mauja Garhi Bohar, Tehsil and District Rohtak. It was further averred that the plaintiff-petitioner No.l had paid an amount of Rs. 15 lakhs on 27.08.2013 and an amount of Rs.20 lakhs on 25.10.2013 to one Wazir Chand who had thereafter executed a written agreement to sell in their favour on 03.09.2015 for a total sale consideration of Rs.66,98,000/- which included Rs.35 lakhs as mentioned above. It was further averred that the said Wazir Chand handed over possession to the plaintiff-petitioners and the plaintiff-petitioners had constructed a boundary wall on the plot
The validity of possession and ownership claims in a suit for permanent injunction is contingent on the production of valid and registered documents, as per the Registration Act, 1908.
The main legal point established in the judgment is that while deciding an application under Order VII Rule 11 CPC, only the averments of the plaint are to be considered, and the arguments raised by ....
The court ruled that temporary injunction requires a showing of prima facie title, balance of convenience, and credible evidence of possession, with registered sale deeds being prioritized over notar....
Possession alone can decide the right to the property, and a suit for permanent injunction can be maintained on the basis of possession and possessory title.
The validity of unregistered agreements and the maintainability of suits for perpetual injunction based on possession were central to the judgment.
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