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ALKA SARIN
Chandgi Ram (deceased) through LRs – Appellant
Versus
Kartar – Respondent
JUDGMENT :
(Alka Sarin, J.) :
This regular second appeal by is by the original plaintiff No.3 (plaintiff-appellant) against the judgement and decree dated 14.12.1992 passed by the Trial Court dismissing his suit, and judgement and decree dated 17.03.1998 passed by the First Appellate Court dismissing his appeal.
2. The plaintiff-appellant, alongwith three others, filed a suit for permanent injunction and mandatory injunction against the defendant respondents on the allegations that they were owners in possession of the suit land measuring 16 Kanals 8 Marlas comprised in Khasra Nos.335, 336, 337, 338, 339, 364, 373 and 375 with houses thereon in Village Kakrala, Tehsil and District Mahendergarh. Earlier, the Gram Panchayat had also moved an application under Sections 7 and 13-A of the Punjab Village Common Lands Act, 1961 against the plaintiffs wherein they were declared as owners in possession of the suit land vide order dated 02.12.1985 passed by the Assistant Collector 1st Grade, Mahendergarh. The defendant respondents, without any right, title or interest, were bent upon to interfere in the peaceful possession of the plaintiffs over the suit land. Hence, the suit. The defendant-r
Ownership must be proven with valid title documents; revenue authorities cannot resolve title disputes.
A plaintiff must provide sufficient documentary evidence to establish possession for a permanent injunction; mere oral testimony is inadequate.
When the plaintiff's title to the property is in dispute and there is a threat of dispossession, the plaintiff should sue for declaration of title and the consequential relief of injunction.
The central legal point established in the judgment is the requirement for the plaintiff to prove their title on the suit property and the court's reliance on evidence to determine ownership and enti....
The main legal point established in the judgment is the application of the principle 'No possession No injunction' and the jurisdiction of the first appellate court to re-appreciate evidence and reve....
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