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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Suresh Kumar – Appellant
Versus
Shiv Parkash – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral) -
This is a Civil Revision Petition filed under Article 227 of the Constitution of India for setting aside the order dated 28.02.2024 (Annexure P-3) vide which the Civil Judge (Jr.Div.), Gurugram had dismissed the application filed by the petitioner under Order 39 Rules 1 and 2 CPC. Challenge is also the order dated 17.12.2024 (Annexure P-4) vide which the appeal filed by the petitioner had been dismissed.
2. Learned counsel for the petitioner has submitted that although the plaintiff-petitioner is owner of 390 square yards of the land but he is cultivating the said land along with the land of his brothers and the total land which the petitioner is cultivating is 17 kanals. It is submitted that the said possession of the plaintiff is since long and that the defendants are in possession of the land which is on the road and for the access to the said land of which the plaintiff is in possession, there was a rasta from the land of the said defendants. It is submitted that the reason for filing the present suit is that the defendants have now put up wire fencing on the said rasta and are in the process of erecting a gate so as to restrain the present pet
The lack of prima facie evidence negates the basis for granting an injunction in land possession disputes.
The dissolution of previous rights after land acquisition and the plaintiff's failure to challenge the acquisition proceedings.
Injunctions under the Specific Relief Act cannot be granted if they impede infrastructure projects, especially when the party lacks ownership or lease rights to the property in question.
The court upheld the trial court's decision to grant a temporary injunction to protect possession pending trial, emphasizing the importance of documentary evidence in property disputes.
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