Back
ALKA SARIN
Varinder Singh – Appellant
Versus
Udesh Kumar – Respondent
JUDGMENT
Alka Sarin, J.
CM-12540-C-2019
For the reasons mentioned in the application, the delay of 29 days in refiling the appeal is condoned. CM stands disposed off.
RSA-4447-2019
The present appeal has been preferred by the plaintiff-appellant challenging concurrent findings returned by both the Courts dismissing his suit for permanent injunction.
2. The brief facts relevant to the present case are that the plaintiff-appellant filed the present suit seeking a decree of permanent injunction for restraining the defendant-respondent from interfering in his peaceful possession over the suit land measuring 71 Kanal 05 Marla as well as Dhani (farm house) as depicted in red colour in the site plan. It was averred that as per the record of rights, the suit land is owned by the State of Punjab (Agrarian Department) and that the plaintiff-appellant had been coming in peaceful possession of the suit land as Gair Marusi in his own rights for the last 5 years without any hindrance or interruption from any quarter. The plaintiff-appellant along with one Lal Chand son of Prem Singh constructed their respective residential accommodations in Killa No.20 of Rectangle No.73 and the plaintiff-appellan
A plaintiff must provide sufficient documentary evidence to establish possession for a permanent injunction; mere oral testimony is inadequate.
The plaintiff-appellant failed to prove possession of the property, leading to the dismissal of the appeal due to lack of cogent evidence.
Ownership must be proven with valid title documents; revenue authorities cannot resolve title disputes.
Possession of property, once established, cannot be disturbed without due process, and admissions made by parties are binding and strong evidence.
The burden of proof lies upon the plaintiff to prove actual and physical possession of the suit property for the grant of permanent injunction.
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.
Possession of land, even if unauthorized, cannot be disturbed without legal procedure; ownership claimed must be substantiated with evidence.
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
