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ALKA SARIN
Virender – Appellant
Versus
Santosh – Respondent
JUDGMENT :
Alka Sarin, J.
CM-423-C-2018
1. This is an application for condonation of delay of 157 days in refiling the appeal.
2. For the reasons stated in the application, delay of 157 days in refiling the appeal is condoned. CM stands disposed off.
CM-422-C-2018
3. This is an application for condonation of delay of 89 days in filing the appeal.
4. For the reasons stated in the application, delay of 89 days in filing the appeal is condoned. CM stands disposed off.
RSA-199-2018
5. The present appeal has been preferred by the plaintiff-appellant challenging the judgment and decree dated 15.05.2014 passed by the Trial Court and the judgment and decree dated 16.08.2016 passed by the First Appellate Court.
6. Brief facts relevant to the present lis are that the plaintiff-appellant herein filed the present suit for declaration and permanent injunction for restraining the defendant-respondents from interfering in the peaceful possession and enjoyment of the house and open portion of the property as mentioned in para No.1 of the plaint, averring in the plaint that the plaintiff-appellant was in possession for about 76 years on the basis of the lease deed bearing Vasika No.28162 dated 06.01.2012 exe
The plaintiff-appellant failed to prove possession of the property, leading to the dismissal of the appeal due to lack of cogent evidence.
A plaintiff must provide sufficient documentary evidence to establish possession for a permanent injunction; mere oral testimony is inadequate.
A co-owner cannot seek permanent injunction against another co-owner without proof of exclusive possession or ouster. The remedy for a co-owner out of possession is to file for partition, not to seek....
The necessity of filing a suit for declaration and/or possession with injunction as a consequential relief when the plaintiff's title is not in dispute or under a cloud, but he is out of possession.
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