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RITU TAGORE
Rameshwar @ Rameshwar Dutt (D) – Appellant
Versus
Haryana State through Collector – Respondent
JUDGMENT :
(Ritu Tagore, J.) :
Being aggrieved by the concurrent findings returned against him, appellant-plaintiff has preferred this regular second appeal against the impugned judgment and decree dated 20.03.2019 passed by the learned Additional District Judge, Jhajjar, affirming and upholding the judgment and decree dated 03.09.2016 passed by the learned Civil Judge (Sr. Divn.), Jhajjar.
2. For easy reference, parties to the lis, hereinafter, shall be referred to by their original status in the suit.
3. Appellant/plaintiff instituted a suit for permanent injunction, seeking to restrain the defendants from illegally interfering with the peaceful possession of the plaintiff in the suit property, bearing khewat No.4832, khatoni No. 5656, khasra No. 510 min, total measuring 4 kanal 19 marlas of gairmumkin mosque Jahanara bagh District and Tehsil Jhajjar, as detailed in the plaint and his forcible dispossession from the same. Further, plaintiff requests that the defendants be injuncted from claiming ownership of the suit property. According to the plaintiff, he, along with Bhagat Singh son of Chandgiram and Jhabbar son of Dulichand had been lessee on the suit property since 01.08.1970 @
Continuous possession must be proven to obtain an injunction; mere revenue entries are not conclusive if rebutted by evidence.
Possession of land, even if unauthorized, cannot be disturbed without legal procedure; ownership claimed must be substantiated with evidence.
A person in peaceful and settled possession is entitled to protection against dispossession without due process, even from the rightful owner.
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
A co-owner's possession of joint property is deemed possession for all co-owners until partition, negating exclusive possession claims.
Possession claims must be substantiated with specific evidence of ownership and cannot rely solely on assertions without proper pleadings.
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