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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Asha Rani – Appellant
Versus
Raj Kumar – Respondent
| Table of Content |
|---|
| 1. factual background of the plaintiffs' claim. (Para 2) |
| 2. arguments regarding dismissal of the suit and evidence. (Para 4 , 5) |
| 3. court’s analysis on additional evidence and procedural correctness. (Para 6 , 7 , 9) |
| 4. legal standards for maintaining the appeal and property ownership. (Para 8 , 11 , 12) |
| 5. final dismissal of the appeal. (Para 14 , 15) |
JUDGMENT :
NIDHI GUPTA, J.
CM-333-C-2020
Prayer in this application filed under Section 151 CPC is for condonation of delay of 5 days in refiling the accompanying appeal.
2. Heard.
3. For the reasons mentioned in the application which is supported by an afÏdavit of applicant/appellant No.1(iv), the same is allowed and delay of 5 days in refiling the accompanying appeal is condoned.
RSA-127-2020 (O&M)
Present Second Appeal has been filed by the appellant/plaintiffs against the concurrent judgments and decrees of the learned Courts below; whereby the suit filed by the appellants for declaration to the effect that plaintiffs are in joint possession to the extent of 6/7th share in the suit house as described in the head note of the plaint, has been dismissed with costs by both the Courts below.
2. Brief facts of the case as pleaded
The court upheld that additional evidence in appeals is only admissible when adequately justified, and second appeals can only challenge legal errors, not factual determinations.
Appellate courts cannot interfere with factual findings established by lower courts unless substantial legal errors are demonstrated.
The judgment emphasizes the importance of continuous possession and the lack of evidence to support adverse possession in property disputes.
The suit for injunction is not maintainable when the title of the plaintiff is under a cloud, requiring a declaration of title for proper adjudication.
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