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MANISHA BATRA
Mohinder Singh (Now Deceased) – Appellant
Versus
Darshan Singh (Deceased) – Respondent
| Table of Content |
|---|
| 1. background and ownership claims of the plaintiff (Para 1 , 2 , 3) |
| 2. defendant's counter-claims and issues settled (Para 4 , 5 , 6) |
| 3. court's analysis of possession and evidence (Para 8 , 10 , 11 , 14) |
| 4. consideration of additional evidence (Para 12 , 13) |
| 5. final determination of ownership and injunction (Para 15) |
| 6. court's conclusion and restoration of trial court's decision (Para 16 , 17) |
JUDGMENT
Manisha Batra, J.
Instant appeal has been preferred against the judgment and decree dated 11.12.2001 passed by the Court of learned District Judge, Rupnagar in Civil Appeal No. 132 of 4.12.1999 titled as Darshan Singh v. Mohinder Singh, whereby the judgment and decree dated 18.11.1999 passed by the court of learned Civil Judge (Senior Division), Rupnagar in Civil Suit No. 235 of 27.07.1988 titled as Mohinder Singh v. Darshan Singh, had been set aside and the appeal was allowed.
2. For the sake of convenience, the parties shall be referred to hereinafter as per their original nomenclature as given during trial of the suit.
3. Brief facts of the case relevant for the purpose of disposal of this appeal are that the plaintiff-Mohinder Singh filed the aforementioned suit on th
Possession follows title, and the concept of possession in law was crucial in determining the ownership and possession of the disputed property.
The court affirmed that ownership and possession can be established through valid sale-deeds and corroborating evidence, even against claims of unsettled land.
The court affirmed that mere possession claims based on panchayat records without substantive proof do not establish legal ownership, emphasizing the necessity of lawful possession documentation.
Revenue records do not confer title; civil courts lack jurisdiction over revenue matters, affirming the authority of revenue officials in correcting entries and ejecting trespassers.
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