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SANJAY VASHISTH
Mahesh Soni – Appellant
Versus
Ramanand – Respondent
| Table of Content |
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| 1. ownership established through ancestral claims. (Para 2 , 3 , 4) |
| 2. burden of proof lies with the defendant regarding property claims. (Para 11 , 12 , 13 , 14) |
| 3. appeal dismissed based on established possession and title. (Para 17 , 18) |
JUDGMENT
Mr. Sanjay Vashisth, J.
Present regular second appeal has been filed by defendant No. 1 - Mahesh Soni, against the concurrent finding of decreetal of suit, filed by respondent Nos. 1 and 2 (plaintiffs), by challenging the judgment and decree dated 05.04.2016, passed by learned Additional Civil Judge (Senior Division), Rewari (Trial Court), as affirmed by learned Additional District Judge, Rewari, vide impugned judgment and decree dated 29.07.2019 (First Appellate Court).
2. Factual matrix of the case is that plaintiffs (Rama Nand and Anil) filed a suit seeking a decree for permanent injunction for restraining the defendants from interfering in the peaceful use and possession of ancestral co-parcenary property of the plaintiffs, boundaries of which is detailed in the plaint. It is also pleaded in the suit that if during the course of trial, defendants succeed in illegally ousting the plaintiffs, their possession be restored to
The possession of ancestral property presumes ownership unless proven otherwise, and the burden of proof lies with the party asserting a claim to the property.
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 possession of one co-owner is legally considered possession for all co-owners, and an injunction cannot be granted against co-owners unless there is proof of ouster.
The court upheld the trial court's rejection of interim applications while allowing one to prevent property alienation, emphasizing the need for a full trial to resolve ownership disputes.
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