Back
RAJBIR SEHRAWAT
Joginder Lal – Appellant
Versus
Jagdish Lal – Respondent
JUDGMENT
Rajbir Sehrawat, J. (Oral) - The present appeal has been filed challenging the judgment and decree dated 29.04.2019 passed by the Additional District Judge, Ludhiana; along with judgment and decree dated 30.11.2017 passed by Civil Judge (Junior Division), Ludhiana, whereby the suit filed by the plaintiff-respondent, for seeking possession and permanent injunction, was decreed by the Courts.
2. The parties herein are referred as the plaintiff and the defendant as they were referred in the original suit.
3. Briefly stated the facts of this case are that the suit property measuring 50 Sq. Yards, which was mentioned in the head-note, was purchased by the plaintiff-Jagdish Lal from one Avtar Kaur vide sale deed dated 28.09.1992. Accordingly, he became owner in possession of the same. The plaintiff started business of hand pump/sanitary ware in the suit property. The plaintiff met with an accident in the year 2006 and he had to leave his work. The defendant requested the plaintiff to permit him to do the business in the property for three months, to which the plaintiff had agreed. After expiry of three months when the plaintiff asked the defendant to vacate the said property; he
Failure to establish adverse possession and inability to impeach the title of the plaintiff led to the dismissal of the appeal.
To establish adverse possession, the claimant must specifically plead and prove a hostile assertion of ownership, disclaiming the original title from a particular date, which was not accomplished her....
Purchase pendente lite hit by lis pendens; adverse possession not proved post-final decree.
Adverse possession requires a clear claim of ownership and knowledge of the true owner's rights; mere possession is insufficient.
The defendant must admit the ownership of the true owner and prove adverse possession with adequate evidence.
The central legal point established in the judgment is the requirement to prove possession and animus possidendi for adverse possession, as well as the necessity to establish hostile title to the kno....
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
