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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Asha Rani – Appellant
Versus
Raj Kumar – Respondent
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 in the plaint are that the plaintiff No.1 is the widow of Sat Pal Bhogal; whereas plaintiffs No. 2 to 6 and the sole defendant are respectively the daughters and son of late Sh. Sat Pal Bhogal. It was the case of the plaintiffs that Sat Pal had been allotted a plot measuring 334 sq. yds. vide Allotment Letter dated 16.06.1998. Sat Pal had deposited a sum of Rs.3,3
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.
Possession on the date of filing a suit is essential for granting a permanent injunction; the First Appellate Court findings on possession were upheld as correct.
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