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SANJAY VASHISTH
Jatinder Nath – Appellant
Versus
Rajesh Kumar Ahluwalia – Respondent
| Table of Content |
|---|
| 1. ownership of the property and tenancy rights. (Para 2 , 3 , 4 , 5) |
| 2. defendants claim adverse possession. (Para 6 , 7) |
| 3. court's affirmation of ownership and dismissal of adverse possession. (Para 9 , 10) |
| 4. final dismissal of the appeal. (Para 11) |
JUDGMENT
Mr. Sanjay Vashisth, J.
Present regular second appeal has been filed by the appellants (defendant Nos. 2 and 3), challenging the concurrent findings recorded by Trial Court and First Appellate Court, while decreeing the suit for possession, filed by respondent No. 1/plaintiff, vide impugned judgment and decree dated 28.07.2017, passed by learned Additional Civil Judge (Senior Division) Ambala, as well as judgment and decree dated 27.03.2023, passed by learned Additional District Judge, Ambala, respectively.
Facts:
2. Plaintiff filed a suit for seeking possession of first floor of shop No. 1134, Block-V (Old No. 8053/5), Railway Road, Ambala City, District Ambala. Plaintiff pleaded that he is owner and landlord of double storey building bearing No. 1134, Block-V (Old No. 8053/5), Railway Road, Ambala City, and defendants are tenants in the shop on the ground floor under the plaintiff. Earlier, said building was owne
Permissive possession does not mature into adverse without hostile animus known to owner and proof of continuous, open denial of title for 12 years; no re-appreciation of concurrent factual findings ....
The suit for possession was maintainable without seeking a declaration of title as the plaintiff's title was not challenged, and the appellant's possessory claim was derived from a lease deed with a ....
The main legal point established in the judgment is that concurrent findings of facts and law recorded by the lower courts cannot be interfered with unless they are found to be perverse to the extent....
Adverse possession claims require acknowledgment of the original owner's title; mere long-term possession without proof of acknowledgment negates the claim.
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