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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUVIR SEHGAL
Ram Chander – Appellant
Versus
Sube Singh – Respondent
JUDGMENT :
Suvir Sehgal, J.
Assailing the concurrent finding recorded by the two courts, appellant-plaintiff is before this Court by way of instant second appeal.
2. Claiming to be owner in exclusive possession of a residential plot measuring 450 square yards, plaintiff filed a suit for declaration to the effect that he is owner in possession and for permanent injunction restraining the defendants from interfering in his peaceful possession and from alienating the suit property. Pleaded case of the plaintiff is that Sh. Karmu @ Karma, predecessor-in-interest of defendants No.1 to 10, was the owner in possession of 1/4th share in Khasra No. 246//23/2 in Khewat No.2900//2797 Khatauni No.3327 of Gair Mumkin land measuring 2 kanals 6 Marlas. He sold 1/4th share in the land measuring 400 square yards to the plaintiff @ Rs.35 per square yard in the year 1985 for a total consideration of Rs.14,000/-. Plaintiff claims that he purchased another 50 square yards for a consideration of Rs.5,000/- which was paid in the presence of witnesses. Plaintiff made construction on the plot and is utilizing the same. However, Karmu never executed sale deed in his favour and after his death, defendants No.1
The court affirmed that documentary evidence of property ownership supersedes claims of possession without supporting evidence.
In absence of exclusive possession evidence, a co-owner cannot seek a permanent injunction against another co-owner, and must pursue partition for resolution.
Continuous possession must be proven to obtain an injunction; mere revenue entries are not conclusive if rebutted by evidence.
When the plaintiff's title to the property is in dispute and there is a threat of dispossession, the plaintiff should sue for declaration of title and the consequential relief of injunction.
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