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ARUN MONGA
Ramesh – Appellant
Versus
Maha Dev – Respondent
JUDGMENT :
Arun Monga, J.
CM-2229-C-2019
For the reasons stated in application, same is allowed and delay of 260 days in re-filing the appeal is condoned, subject to all just exceptions.
MAIN CASE
For convenience, parties herein are addressed as per the recitals before learned trial Court.
2. Instant appeal is against judgment and decree dated 29.08.2014 passed by learned Additional Civil Judge (Senior Division), Loharu, vide which suit filed by plaintiff/respondent No.1 herein, for declaration and permanent injunction was decreed with costs, as affirmed by learned Additional District Judge, Bhiwani, vide judgment and decree dated 27.10.2017.
3. Briefly stated, facts as noticed by Courts below are that plaintiff (respondent No.1 herein) filed a suit for declaration and permanent injunction claiming himself as owner in possession of 1/3rd share of total land measuring 24 Kanals 11 Marlas on the basis of judgment and decree dated 23.10.1982 passed by then Sub Judge First Class, Bhiwani. Defendants No.1 to 3 were having 1/12th share in equal shares whereas defendants No.4 to 6 were having 1/4th share in equal shares and defendant No.7 was owner in possession of remaining 1/3rd share over the
Concurrent findings of lower courts regarding ownership rights remain unaffected by erroneous mutations, reaffirming that non-execution of a decree does not negate ownership or allow claims of advers....
The main legal point established is that the plaintiff proved ownership to a specific extent of the land and that the suit was within the limitation period, leading to the partial decree in favor of ....
Injunction—Plaintiff has to succeed his case with his own strength but not on weaknesses of opponent—Possession of plaintiff is to be established.
Erroneous revenue entries are void ab initio, preserving joint possession rights among co-owners until formal partition occurs.
Presumption under Section 133 of the Karnataka Land Revenue Act and the requirement for trial to decide allegations of forgery or fraud.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
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