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ALKA SARIN
Vijay Kumar – Appellant
Versus
Municipal Council, Banga – Respondent
JUDGMENT
Alka Sarin, J.
The present regular second appeal has been preferred by the plaintiff-Appellants against the judgments and decrees passed by both the Courts below.
2. The brief facts relevant to the present lis are that the plaintiff-Appellants had filed a suit for declaration to the effect that the plaintiff-Appellants are owners in possession of the property as described in the plaint as also challenging the notices dated 17.05.2011 and 20.05.2011 issued by the defendant-Respondent (Municipal Council, Banga) being illegal null and void and consequential relief of permanent injunction restraining the defendant-Respondent from interfering in the possession of the plaintiff-Appellants. The plaintiff-Appellants averred in the plaint that the suit property was their ancestral property having been inherited from their forefathers by means of survivorship and that the plaintiff-Appellants raised a boundary wall around the suit property and were in exclusive possession of the same and that the defendant-Respondent had no right or title and that they served notices dated 17.05.2011 and 20.05.2011 threatening to dispossess them from the suit property forcibly and illegally. The suit
Possession of land, even if unauthorized, cannot be disturbed without legal procedure; ownership claimed must be substantiated with evidence.
Ownership must be proven with valid title documents; revenue authorities cannot resolve title disputes.
The appeal was dismissed as the plaintiff failed to prove ownership or illegal encroachment, affirming the necessity for clear evidence in property disputes.
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