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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Ram Sanehi – Appellant
Versus
Manohar – Respondent
JUDGMENT :
Vikram Aggarwal, J.
This is defendants' appeal against the judgment and decree dated 02.12.2024 passed by the Additional District Judge, Fatehabad, dismissing the appeal against the judgment and decree dated 18.07.2019 passed by the Court of Civil Judge (Junior Division), Fatehabad, vide which the suit for declaration and permanent injunction filed by the respondents-plaintiffs, was decreed.
2. For the sake of convenience and clarity, parties shall be referred to as per their original status.
3. Plaintiffs claimed to be owners in possession of different parcels of land (fully described in the plaint) situated in Village Bhuna, Tehsil Bhuna, District Fatehabad. They sought a declaration to this effect as also to the effect that the order dated 28.02.2013 had been obtained by defendant Nos. 1 to 3 in collusion with defendant No. 4, vide which defendant Nos. 1 to 3 had been declared as occupancy tenants and owners of the suit land was illegal, void, without jurisdiction and was, therefore, not binding on the rights of the plaintiffs. It was claimed that the resultant mutation No.16302 sanctioned on 31.03.2013 was also liable to be set aside. Consequential relief of permanent in
The Civil Court exclusively retains jurisdiction to declare occupancy rights, negating decisions made by revenue authorities.
Non-occupancy tenancy rights are inheritable under the Hindu Succession Act, contradicting earlier rulings that deemed them non-heritable.
The duty of the first Appellate Court to address all issues and decide the case by giving reasons.
The court affirmed that occupancy rights can be established through long-standing tenancy and implied promises, as per the Punjab Tenancy Act and the 1952 Act.
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
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