Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Wazir Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral)
CM-1581-C-2024
Prayer in the present application is for condonation of delay of 20 days in filing the appeal.
For the reasons mentioned in the application, the same is allowed and the delay of 20 days in filing the appeal is condoned.
RSA-440-2024 (O&M)
1. This is plaintiff's second appeal against the judgment and decree dated 20.10.2023 passed by the Court of learned Additional District Judge, Hisar dismissing the appeal against the judgment and decree dated 10.07.2018 passed by the Court of learned Additional Civil Judge (Senior Division), Hansi, vide which the suit filed by the appellant for permanent injunction was dismissed.
2. The plaintiff filed a suit for permanent injunction restraining the defendants from demolishing or dispossessing the plaintiff from his house and shop constructed on land comprised in Khasra No.512//22/2/1(2-3) Khewat No.5237//5032, Khatoni No.6463 situated near Railway Station, Umra Road, Tehsil Hansi, District Hisar. The case set up by the plaintiff was that he had purchased a plot measuring 04 Marlas (127 Sq. Yards), being 4/63 share of Khasra number referred to above as per the Jamabandi for the year 2012-2013 vide reg
The plaintiff's appeal against the dismissal of her suit was rejected as the demarcation report showed lawful encroachment on government land.
Civil Law - Rendition of a decree for permanent prohibitory - Ipso facto they are concluded to rather accept conclusions as made therein, in, as much, as defendants making encroachments upon a portio....
The main legal point established in the judgment is that the relief of possession by way of demolition, as an alternative to the principal relief, could be accorded by the court.
Failure to prove ownership and possession over the disputed property resulted in dismissal of the appeal.
The demarcation report and the report of the Local Commissioner are crucial evidence to establish encroachment in a property dispute.
Point of Law : Redemption of mortgage property – A party seeking injunction, has to prove his possession over the suit land from the date of accrual of cause of action.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
