NAMIT KUMAR
Municipal Corporation – Appellant
Versus
Chaman Lal – Respondent
JUDGMENT
Namit Kumar, J.
This regular second appeal is directed against the judgment and decree dated 15.07.2017 passed by Civil Judge (Junior Division), Yamuna Nagar at Jagadhri, whereby suit for declaration and permanent injunction filed by plaintiff-respondents No.1 to 5 has been decreed as well as against the judgment and decree dated 11.04.2019 passed by District Judge, Yamuna Nagar at Jagadhri, whereby appeal filed by the respondent-appellant against the judgment and decree dated 15.07.2017, has been dismissed.
2. For convenience sake, reference to parties is being made as per their status in the civil suit. The facts relevant for disposal of this regular second appeal are that plaintiffs filed the suit for declaration to the effect that plaintiffs No.1 and 2 are joint owners in possession in equal shares to the extent of half share whereas plaintiffs No.3 to 5 are owners in possession in equal shares to the extent of half share in land measuring 04 Kanals 09 Marlas comprised in Khasra No.25//14/2, situated at village Nabh, HB No.389, Tehsil Jagadhri, District Yamuna Nagar and the entries of the said land in the name of defendant are wrong and are liable to be corrected in the
Concurrent findings of lower courts regarding ownership rights remain unaffected by erroneous mutations, reaffirming that non-execution of a decree does not negate ownership or allow claims of advers....
Trespassers cannot obtain an injunction against true owners without proving identifiable rights in the property.
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