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NIDHI GUPTA
Nagar Panchayat Khamanon – Appellant
Versus
Harbans Singh (deceased) through his LRs – Respondent
JUDGMENT :
Nidhi Gupta, J.
The defendant is in second appeal before this Court against the concurrent findings of the learned Courts below, whereby the suit filed by the respondent/plaintiff seeking permanent injunction against the appellant, has been decreed.
2. It is submitted by learned Counsel for the appellant that both the Ld. Courts below overlooked the fact that there is no document apart from the site plan on record to prove the ownership of the respondent/plaintiff over the suit property. It is further submitted that both the Ld. Courts below have failed to appreciate the fact that the plaintiff/respondent has encroached upon the public property.
3. It is further submitted that both the Ld. Courts below have relied upon the statement of PW-2 Paramjit Singh where it was suggested to the plaintiff’s witness that the plaintiff/respondent was illegally in possession of the suit property, whereas, both the Ld. Courts below failed to appreciate this fact that the plaintiff/respondent was neither the lessee, tenant, owner and co-sharer in possession over the alleged suit property of its previous owner nor the present owner.
4. No other argument is raised on behalf of the appellant.
5
Possession of land, even if unauthorized, cannot be disturbed without legal procedure; ownership claimed must be substantiated with evidence.
Continuous possession must be proven to obtain an injunction; mere revenue entries are not conclusive if rebutted by evidence.
When the plaintiff's title to the property is in dispute and there is a threat of dispossession, the plaintiff should sue for declaration of title and the consequential relief of injunction.
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
Failure to prove ownership and possession over the disputed property resulted in dismissal of the appeal.
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