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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Mahabir (since deceased) through LRs – Appellant
Versus
Sat Narain (since deceased) through LRs – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J
This is defendants second appeal against the judgment and decree dated 28.10.1987, passed by the Court of Additional District Judge, Bhiwani, dismissing the appeal filed against the judgment and decree dated 10.09.1985 passed by the Court of Sub-Judge 1st Class, Bhiwani, vide which the suit for permanent injunction and possession filed by the plaintiffs- respondents was decreed.
2. For the sake of convenience and clarity, parties shall be referred to as per their original status.
3. The plaintiffs (Sat Narain and Mohan Lal) were both sons of one Sheonand s/o Ram Karan. Proforma defendants No.8 and 9 (Ravi Dutt and Bharat Lal) were also his sons whereas proforma defendant No.10 (Smt. Parwati) was his daughter and proforma defendant No.11 (Smt. Sheobai) was his widow. The plaintiffs instituted a suit for permanent injunction restraining defendants No.1 to 7 (the contesting defendants) from interfering into the possession of the plaintiffs over site marked by letters ABCD in the accompanying site plan and mandatory injunction directing the defendants to demolish the construction raised on the site as marked by letter DCEFGHE and to hand over the possession th
Ownership rights are upheld when supported by adequate documentation, while claims of adverse possession require clear evidence of hostile possession, which was not proven in this case.
To establish adverse possession, the claimant must specifically plead and prove a hostile assertion of ownership, disclaiming the original title from a particular date, which was not accomplished her....
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
The main legal point established in the judgment is the requirement for adverse possession, including the need for peaceful, open, and continuous possession, as well as the animus possidendi to hold ....
to approach the Civil Court for adjudicating the title in issue and when the defendant's patta had been cancelled during 1995 merely on the production of certain electricity bills and house tax recei....
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