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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Jagram – Appellant
Versus
Devinder Bhandari – Respondent
JUDGMENT :
Alka Sarin, J.
The present regular second appeal has been preferred by the plaintiff-appellant challenging the judgments and decrees dated 30.11.2015 and 10.07.2017 passed by the Trial Court and the First Appellate Court, respectively, dismissing the suit filed by him.
2. Brief facts relevant to the present lis are that the plaintiff-appellant herein filed a suit for permanent injunction for restraining the defendant-respondents from interfering in his possession over land falling in Rect. No.28, Killa No.2/1/2/2 (1-7) situated in Village Carterpuri, Tehsil and District Gurugram. It was averred by the plaintiff-appellant that he is owner in possession of the suit property and that the defendant-respondents have no right, title or interest in the suit property. According to the plaintiff-appellant the defendant-respondents are strong-headed, powerful and influential persons who are interfering in his peaceful ownership and possession over the suit property and are also adamant to dispossess him illegally and unlawfully. It was further averred that the defendant-respondents have threatened the plaintiff-appellant to falsely implicate him and his family members in criminal cas
The central legal point established in the judgment is the requirement for the plaintiff to prove their title on the suit property and the court's reliance on evidence to determine ownership and enti....
In absence of exclusive possession evidence, a co-owner cannot seek a permanent injunction against another co-owner, and must pursue partition for resolution.
Ownership must be proven with valid title documents; revenue authorities cannot resolve title disputes.
A plaintiff must provide sufficient documentary evidence to establish possession for a permanent injunction; mere oral testimony is inadequate.
The necessity of filing a suit for declaration and/or possession with injunction as a consequential relief when the plaintiff's title is not in dispute or under a cloud, but he is out of possession.
Prima facie evidence of possession is essential for the grant of interim injunction, and reliance on photographs alone may not suffice to establish possession.
Possession of land, even if unauthorized, cannot be disturbed without legal procedure; ownership claimed must be substantiated with evidence.
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