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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Jagat Singh – Appellant
Versus
Mindo Kaur – Respondent
| Table of Content |
|---|
| 1. conclusion and merit assessment of the appeal. (Para 1 , 10) |
| 2. ownership claims and construction rights. (Para 3) |
| 3. issues framed for court consideration. (Para 4) |
| 4. trial and appellate court findings. (Para 5) |
| 5. appellants' contention regarding possession. (Para 6) |
| 6. court's analysis on possession and rights. (Para 8 , 9) |
ORDER
ALKA SARIN, J.
CM-10927-C-2023
1. For the reasons mentioned therein, the application seeking condonation of 601 days delay in refiling the appeal is allowed. The delay in refiling the appeal is condoned.
RSA-3056-2023
2. The present regular second appeal has been preferred by the defendant No.2 and one Sudesh Kumari against the judgements and decrees dated 05.12.2016 and 27.08.2019 passed by the Trial Court and the First Appellate Court.
3. The suit for declaration and permanent injunction was filed by the plaintiff-respondent No.1 on the allegations that she was the owner of the plot in dispute measuring 100 square yards. One Tilak Raj had executed two agreements to sell dated 23.12.2002 and 8.4.2003 in her favour qua land measuring 100 square yards each and that she had raised construction on 100 square yards but the entire 200 square yards wa
Possession protects a party from dispossession without lawful authority, and agreements to sell cannot override established possession without clear evidence.
The plaintiff-appellant failed to prove possession of the property, leading to the dismissal of the appeal due to lack of cogent evidence.
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....
A plaintiff must provide sufficient documentary evidence to establish possession for a permanent injunction; mere oral testimony is inadequate.
The main legal point established is the requirement for parties to provide evidence to support their claims, and the lack of substantial questions of law for consideration in the appeal.
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