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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Jaskaran Singh – Appellant
Versus
Gurdev Singh – Respondent
JUDGMENT :
Nidhi Gupta, J.
The defendant is in second appeal against the concurrent judgments and decree passed by the learned Courts below whereby the suit for permanent injunction filed by the respondent/plaintiff has been decreed.
2. The respondent/plaintiff had filed a suit for permanent injunction restraining the defendant from installing/opening gate towards the private street of the plaintiff which leads to the house of the plaintiff shown in the site plan as ABCD and in Pink Colour under Khasra No.563/1, Khata No.753/1142 area of village Channu, Tehsil Malout, District Sri Muktsar Sahib, vide copy of Jamabandi for the year 2014-15, illegally and forcibly without once for all. The said suit was decreed vide judgment and decree dated 20.02.2018 passed by the learned Civil Judge (Junior Division), Malout; which was duly affirmed by the learned first Appellate Court/District Judge, Sri Muktsar Sahib vide judgment and decree dated 12.04.2019 passed in CA No.34 of 02.04.2018 filed by the appellant/defendant.
3. Learned counsel for the appellant inter alia submits that in passing the impugned judgments, the learned Courts below failed to appreciate that the revenue record is contrary
The court affirmed that a private street does not permit public access without evidence to the contrary, thereby granting the plaintiff's request for permanent injunction.
The judgment reinforces the principle that established public rights of way cannot be obstructed by private claims of ownership.
Landowners adjacent to public roads maintain a fundamental right of access to their properties, regardless of alternate access points, supporting public interest and use.
Property owners have an inherent right of access to public roads, irrespective of alternative routes; denial of access violates legal principles governing property rights.
The main legal point established in the judgment is that the existence of the public lane, as indicated in the sale deed, and the defendant's lack of ownership over the lane were crucial in determini....
The plaintiff must demonstrate ownership or lawful possession to maintain a suit for permanent injunction; lack thereof results in dismissal.
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