SANJAY VASHISTH
Satish Kumar Garg – Appellant
Versus
Vasudev – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
Present regular second appeal has been filed by the appellants (defendants) against the concurrent findings recorded by the Courts below, whereby, suit for permanent injunction was decreed in favour of the plaintiff (respondent herein).
2. As per the facts pleaded in the plaint, plaintiff along with other co-sharers are joint owners in possession of the agricultural land comprised in Khewat No.46, Khatoni No.53, Rect. No.13, Killa No.10(8-16), 11(6-18), 12(1-14), 19(6-13), 21(8-0), 22(7-2), Kita 6 measuring 39 Kanals 3 marlas situated in the Revenue Estate of Village Kanuka Tehsil and District Rewari vide Jamabandi for the year 2001-2002.
3. The appellants (defendants herein) are owners in possession of Khewat No.48, Khatoni No.55, Rect. No.14, Killa No.15/2/2 (1-17), 16/2 (8-0), 17/2(5-18), 23(8-0), 24(8-0), 25(8-0), Kita 6 measuring 39 Kanals 15 Marlas its 1/48th share i.e. 17 Marlas and Khewat No.39, Khatoni no.46, Rect. No.13, Killa no.8/2/2(0-12), 9/2/1(1-3), 9/2/3(2-0), Kita 3 measuring 3 kanals 15 Marlas its 1/24th share and Khewat No.45, Khatoni no.52, Rect no.14, Killa no.8(8-0), 9(8-0), 14/1 (7-18), Kita 3 measuring 23 Kanals 18 Marla
The onus of proving exclusive possession after partition lies with the plaintiff, and findings must be based on evidence rather than conjectures and surmises.
Co-sharers can construct on their respective shares of joint land without infringing on others' rights; exclusive possession does not confer separate ownership until legally partitioned.
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
Ownership requires valid documentation; mere possession or unregistered agreements do not confer legal title.
The courts ruled that discrepancies in agreements and the existence of a registered sale-deed established the defendants as rightful owners, negating the petitioner's claim for a temporary injunction....
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