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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIRINDER AGGARWAL
Gurdarshan Lal – Appellant
Versus
Punjab State Through The Secretary Rehabilitation Department, Punjab, Chandigarh – Respondent
JUDGMENT :
Virinder Aggarwal, J.
Vide this Regular Second Appeal, the judgement and decree dated 30.11.2013 passed by learned Civil Judge, Junior Division, Hoshiarpur as well as judgement and decree dated 07.09.2015 passed by learned Additional District Judge, Hoshiarpur in suit filed by appellant-plaintiff for grant of permanent injunction have been assailed.
2. The appellant-plaintiff filed suit for permanent injunction claiming that before independence Ram Rakha, grand-father of the appellant, was in possession of the land as tenant on payment of fruit and timber of the trees to a Muslim owner and after independence on creation of Pakistan the ownership of the suit land vested in the government, but Ram Rakha remained in possession in that very capacity. Ram Rakha expired on 04.02.1964. After his death, Ram Chand, father of the appellant-plaintiff, came into possession who died on 26.10.1967. Thereafter, the appellant-plaintiff continued in possession on the same terms and conditions. The appellant-plaintiff has constructed a house in Khasra No. 40 measuring 02 kanals 16 marlas. The appellant-plaintiff is part time living in Phagwara and mostly in the suit property. The defendants
Possession established through continuous use despite challenges from opposing parties upholds rights against forcible dispossession.
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
Revenue records do not confer title; civil courts lack jurisdiction over revenue matters, affirming the authority of revenue officials in correcting entries and ejecting trespassers.
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
To establish adverse possession, the claimant must specifically plead and prove a hostile assertion of ownership, disclaiming the original title from a particular date, which was not accomplished her....
The burden of proving possession of the property lies heavily upon the party claiming possession, and consistent entries in revenue records in favor of one party and the lack of sufficient evidence o....
In civil suits, the burden of proof lies on the plaintiff to substantiate claims of exclusive possession, especially when conflicting evidence exists, such as revenue records indicating joint possess....
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