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MEENAKSHI I. MEHTA
Ruby Devi – Appellant
Versus
Anil Kumar Bhadana – Respondent
JUDGMENT
Meenakshi I. Mehta, J.(Oral) - By way of the instant revision petition, the petitioner-plaintiff (here-in-after to be referred as 'the plaintiff') has assailed the order dated 30.03.2022 passed by learned Civil Judge (Junior Division) Faridabad (for short 'the trial Court') whereby the application moved by her under Order 39 Rules 1 & 2 read with Section 151 CPC, has been dismissed and she has also laid challenge to the order dated 19.07.2022 handed down by learned Additional District Judge, Faridabad (for short 'the lower Appellate Court') dismissing the appeal preferred by her (plaintiff) against the order dated 30.03.2022.
2. As per the brief factual-matrix culminating in the filing of the present revision petition, the plaintiff has filed the Civil Suit against the defendant for seeking a decree for permanent injunction to restrain him and also his agents from dispossessing her from the suit property forcibly and illegally and also from creating any hindrance in her ingress to and egress from the same, while averring that she is the owner and is in possession of this property by virtue of the registered GPA and Will dated 23.10.2020, Agreement to Sell, Letter of Possessi
Prima facie establishment of possession and the significance of registered Sale Deed in determining possession rights.
Necessary parties with any right, title, or interest in the disputed property are required for granting/refusing the relief of injunction in a suit.
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....
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.
To seek an injunction, the plaintiffs needed to establish their possession over the land, which they failed to do.
A simple suit for injunction is not maintainable without a declaration of title, as possession alone does not confer legal rights.
The legal principle established is that a subsequent purchaser during the pendency of a Civil Suit may not necessarily be impleaded as a necessary party, especially if the purchase occurred with know....
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