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ANIL KSHETARPAL
Sewa Singh – Appellant
Versus
Chanan Singh – Respondent
JUDGMENT
Mr. Anil Kshetarpal, J. (Oral)
This is the plaintiffs' revision petition to challenge the correctness of the order passed by the First Appellate Court while allowing the defendants' miscellaneous appeal against the order passed by the trial court under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, 1908, for grant of temporary injunction. The plaintiffs filed a suit for permanent injunction restraining the defendants, their servants/agents/ partymen/ supporters from interferring or causing any interference in their peaceful possession over the land measuring 27 kanals 1 marla located in Village Shutrana, Tehsil Patran, District Patiala. The plaintiffs claim that they have purchased the property from Sh.Darshan Singh, the brother of the defendants. The defendants, while filing the suit, claimed that there is a small passage alongwith water drain, which is continuously reflected in the revenue record, except a small portion in khasra no.24.
2. The trial court restrained the defendants from interfering in possession of the plaintiffs whereas the First Appellate Court reversed the order and permitted the defendants to use the passage.
3. Heard the learned counsel repres
The existence of a passage in revenue records is paramount, and a trial court errs in granting an injunction against its use.
The dissolution of previous rights after land acquisition and the plaintiff's failure to challenge the acquisition proceedings.
In a suit for permanent injunction, the burden of proof lies on the plaintiffs to establish their right to the property, which they failed to do.
The main legal point established in the judgment is the importance of evidence of possession and title in a suit for permanent injunction, the principles of granting preventive relief and perpetual i....
The court emphasized that granting a temporary injunction requires clear evidence of a prima facie case, balance of convenience, and irreparable injury, which were inadequately established by the pla....
Private road land - originally the suit land part of the land and that very same land standing recorded in the name of Defendant No. 1 is noted as Private Road. This Plaintiff was not a party to the ....
The judgment emphasizes the importance of proper and mature appreciation of evidence in property disputes and the requirement for plaintiffs to prove their claims.
A temporary injunction can be granted even without a title declaration if a prima facie case and the balance of convenience are established, as potential harm to possession is a significant factor.
A claimant must establish exclusive settled possession and document rights to land for relief against interference; admissions impacting access rights must be substantiated.
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