Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Sukhdev Singh – Appellant
Versus
Dhan Dhan Bapu Kumbh Dass Ji – Respondent
JUDGMENT :
Nidhi Gupta, J.
1. The defendant No.1 is in second appeal before this Court against the concurrent findings of the learned Courts below whereby the suit of the plaintiffs/respondents No.1 and 2 herein, for permanent injunction restraining the appellant/defendant No.1 from illegally and forcibly: a) causing any obstructions in functioning of Management Committee of Respondent; b) Interfering into the lawful and peaceful and exclusive possession of plaintiff in the property marked as ABCD shown as 'red' in colour in the site plan attached with the plaint, measuring 14 Marlas bearing Khata No. 154/222, Khasra No. 18/16/4(0-14), village Garhi, Tehsil Garhshankar (hereinafter The Suit Property'); c)demolishing the existing constructions existing over the suit property, has been decreed.
2. The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellant as the defendant no.1' and the respondents as the plaintiffs'.
3. The brief facts of the case as put forth in the plaint are that the plaintiff No.1 is a juristic person being the registered Management Committee managing the affairs of plaintiff No.1. Surinder Pal Verma is the Pres
In a suit for permanent injunction, the plaintiff must establish possession; failure to contest evidence leads to confirmation of ownership and injunction.
In a suit for permanent injunction, the plaintiff must establish possession of the property to obtain relief, and mere claims of ownership by a defendant do not suffice to cloud the title of the plai....
In a suit for permanent injunction, a plaintiff must establish possession; mere claims of ownership without evidence do not suffice to challenge established rights.
The right to property is inviolable and sacred, and no one may be deprived of it without public necessity and just indemnity, as per the Land Revenue Act and the Right to Fair Compensation Act, 2013.
Proper identification of properties based on respective title deeds supported by old survey plan and new survey plan is necessary to grant reliefs sought in a suit for injunction and counter claim fo....
A person in adverse possession cannot claim ownership against a true owner, and relief for regularization must be pursued through the competent authority, not the Civil Court.
The court discussed the legal principles related to the jurisdiction of the court to interfere with concurrent findings of fact and law.
The court confirmed that claims of property encroachment require substantial proof; failure to demonstrate ownership or obstruction by defendants led to dismissal of the plaintiffs' appeal.
The main legal point established in the judgment is that convincing evidence is required to establish settled possession through adverse possession, and mere inferential circumstances are not suffici....
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
