PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Baldev Dass – Appellant
Versus
Subhash – Respondent
JUDGMENT :
Alka Sarin, J. (Oral)
1. The present regular second appeal has been filed by the plaintiff-appellant challenging the judgments and decrees dated 12.05.2015 and 04.11.2019 passed by the Trial Court and the First Appellate Court, respectively.
2. Brief facts relevant to the present lis are that the plaintiff- appellant herein filed the present suit seeking a decree for declaration to the effect that he is owner of the shop in dispute and that the defendant-respondents have no concern with the ownership rights of the said shop. Further a decree of permanent injunction was also sought. It was the case set up by the plaintiff-appellant that he had purchased the suit property from one Om Parkash vide registered sale deed No.4344 dated 16.03.1989. Om Parkash was the owner of the suit property by virtue of sale deed No.10485 dated 14.08.1986. It was further the case set up that the plaintiff-appellant had raised construction over the purchased property in the year 1989 and given it to the defendant-respondent No.3 on rent @ Rs. 1,400 per month. It was further averred that defendant-respondent No.3 was not paying the rent and defendant-respondents No.1 and 2 are relatives of defenda
In absence of exclusive possession evidence, a co-owner cannot seek a permanent injunction against another co-owner, and must pursue partition for resolution.
The plaintiff-appellant failed to prove possession of the property, leading to the dismissal of the appeal due to lack of cogent evidence.
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....
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