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ALKA SARIN
Jarnail Singh – Appellant
Versus
Dalip Singh – Respondent
JUDGMENT
Alka Sarin, J.
The present appeal has been preferred by the defendant Nos.1 and 2 against the judgment and decree dated 06.05.2022 passed by the First Appellate Court reversing the judgment and decree dated 18.03.2019 passed by the Trial Court whereby the suit of the plaintiff-respondent No.1 had been dismissed.
2. Brief facts relevant to the present lis are that the plaintiff-respondent No.1 filed a suit for permanent injunction for restraining the defendant-appellants and others from forcibly and illegally dispossessing the plaintiff-respondent No.1 from the suit land measuring 59 kanals - 13 marlas situated in the area of Village Laluwala, Tehsil Zira as fully described in the plaint. The plaintiff-respondent No.1 claimed to have become owner in possession of the suit land on the basis of a Will dated 30.11.2015 executed by Gurbax Singh. Based on the Will, a mutation was also entered. It was further the case of the plaintiff-respondent No.1 that he was in peaceful cultivating possession of the suit land and that the defendant-appellants and others had tried to forcibly dispossess him and harvest the wheat crop. The suit was contested by the defendant-appellants. Defendan
A plaintiff must provide sufficient documentary evidence to establish possession for a permanent injunction; mere oral testimony is inadequate.
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....
Exclusion of natural heirs is insufficient to invalidate a Will; the burden of proof lies on the appellant to demonstrate fraud or lack of testamentary capacity.
A simple suit for injunction is not maintainable without a declaration of title, as possession alone does not confer legal rights.
Where once a suit is held not maintainable, no relief of injunction can be granted.
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