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ARUN MONGA
Municipal Committee Roop Nagar – Appellant
Versus
Government College Ropar – Respondent
| Table of Content |
|---|
| 1. plaintiff's exclusive possession over suit property established. (Para 2 , 3) |
| 2. defendants' arguments countered by evidential review. (Para 4 , 5) |
| 3. court's dismissal of appellant's flawed contentions. (Para 10 , 11) |
| 4. concurrent findings of fact affirmed by the court. (Para 12 , 16) |
| 5. appeal dismissed, lower court decisions upheld. (Para 18 , 19 , 20) |
JUDGMENT
Arun Monga, J. (Oral)
CM-1770-C-2022
For the reasons stated in application, same is allowed and delay of 55 days in re-filing the appeal stands condoned, subject to all just exceptions.
Main case
For convenience, parties herein are described as per recitals before the trial Court.
2. Having suffered concurrent adverse findings by the two Courts below, defendant No.5 is in second appeal before this Court assailing learned trial Court judgment and decree dated 21.11.2013, as upheld by learned First Appellate Court vide its judgment and decree dated 19.08.2019, partly decreeing the suit filed by respondent No.1 herein/plaintiff to the extent that plaintiff, being in exclusive possession over the suit property, was held entitled to relief of permanent injunction restraining defendants from interfering into the pe
Continuous possession must be proven to obtain an injunction; mere revenue entries are not conclusive if rebutted by evidence.
Possession of land, even if unauthorized, cannot be disturbed without legal procedure; ownership claimed must be substantiated with evidence.
Appellate courts cannot interfere with factual findings established by lower courts unless substantial legal errors are demonstrated.
A plaintiff must provide sufficient documentary evidence to establish possession for a permanent injunction; mere oral testimony is inadequate.
Trespassers cannot obtain an injunction against true owners without proving identifiable rights in the property.
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