ARUN MONGA
Satbir @ Satbir Singh – Appellant
Versus
Subhash Chand – Respondent
| Table of Content |
|---|
| 1. concurrent adverse findings in lower courts. (Para 2 , 3) |
| 2. defendants' counters and property claims. (Para 4 , 5) |
| 3. analysis of property ownership and possession. (Para 10) |
| 4. no substantial grounds for appeal. (Para 11 , 12 , 13 , 14 , 15) |
| 5. final decision dismissing the appeal. (Para 16 , 17 , 18) |
JUDGMENT
Arun Monga J. (Oral)
For convenience, parties herein are addressed as per the recitals before learned trial Court.
2. Having suffered concurrent adverse findings by the two Courts below, appellant-defendants are in second appeal before this Court assailing learned trial Court judgment and decree dated 14.12.2019, as upheld by learned First Appellate Court vide its judgment and decree dated 20.01.2023, decreeing the suit of plaintiff-respondents for permanent injunction for restraining defendant-appellants from interfering in their peaceful settled possession over suit property.
3. Briefly stated, facts, as noticed by learned Courts, are as below:
3.1 Haryana Wakf Board is the owner of the suit property, which was leased out in favour of father of plaintiffs, namely, Late Sh. Tilu Ram S/o Roshan Lal & plaintiff No.1 jointly vide Lease order no.24/Lease-Urban/F n
Continuous possession must be proven to obtain an injunction; mere revenue entries are not conclusive if rebutted by evidence.
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.
The court affirmed that documentary evidence of property ownership supersedes claims of possession without supporting evidence.
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