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MANISHA BATRA
Jaswant Singh alias Yashwant Singh – Appellant
Versus
Dal Singh Since Deceased – Respondent
JUDGMENT
Mrs. Manisha Batra, J.
The appellants (now dead and represented by legal representatives) who were plaintiffs in Civil Suit No.783 of 1997 titled as Jaswant Singh and others v. Dal Singh and others, have filed this appeal challenging the judgment and decree dated 27.07.2000 whereby the said suit had been dismissed by the Court of the then learned Additional Civil Judge (Senior Division), Nuh as well as judgment and decree dated 12.09.2003 passed by the Court of the then learned Additional District Judge, Gurugram in Civil Appeal No.72 of 2000/2003 dismissing the appeal of plaintiffs.
2. For the sake of convenience, the parties shall be referred to hereinafter as per the original nomenclature as given in the suit.
3. Shorn of unnecessary details, the case of the plaintiffs was that the agriculture land which was measuring 55 Kanals 5 Marlas and the details of which were given in para No.1 of the plaint (henceforth to be referred as "disputed land") was owned and possessed by them. They had filed a suit against the defendants seeking declaration with regard to their ownership and possession over the disputed land. During the pendency of the said suit, the defendant No.1, in co
The main legal point established in the judgment is the determination of co-ownership and possession rights over the disputed land, leading to the grant of a declaration and permanent injunction in f....
The judgment emphasizes the importance of historical records, legal proceedings, and possession in determining right, title, and interest over properties.
The onus of proving exclusive possession after partition lies with the plaintiff, and findings must be based on evidence rather than conjectures and surmises.
The plaintiffs cannot claim a mere declaration of title without seeking further relief for possession, as stipulated by Section 34 of the Specific Relief Act, rendering the suit not maintainable.
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