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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Des raj (deceased) – Appellant
Versus
Nand Kishore (Since Deceased) – Respondent
JUDGMENT :
Vikram Aggarwal, J.
1. This is plaintiff's appeal filed against the judgment and decree dated 02.04.1991 passed by the Court of learned Addl. District Judge, Bathinda, allowing the appeal filed by the defendants against the judgment and decree dated 18.11.1988 passed by the Court of learned Sub-Judge, Ist Class, Mansa, vide which the suit filed by the plaintiff for permanent injunction was decreed.
2. For the sake of convenience and clarity, parties shall be referred as per their original status.
3. Plaintiff-Des Raj instituted a suit for permanent injunction restraining the defendants Nand Kishore and Tarsem Chand from closing the street Marked "EF" (for short the "property in dispute") in the site plan by constructing a wall. Parties to the lis are the descendants of one Godu Mal, the plaintiff-Des Raj being the son of Khilo Ram son of Godu Mal and defendants Nand Kishore and Tarsem Chand being the sons of Gurnam Mal son of Godu Mal. The case set up by the plaintiff was that, one factory was stated to be in the name of Godu Mal Khilo Ram in Mansa. It was claimed that on the intervention of the Panchayat, a partition had been effected between the sons of Godu Mal. Foundatio
The burden of proof lies with the plaintiff to establish their case, and the court will uphold decisions based on evidence presented, rejecting contentions of delay and laches, and the applicability ....
A plaintiff seeking an injunction must establish personal interest in the property; lack of such interest negates the right to equitable relief.
The court upheld that an unregistered partition deed can provide context in disputes regarding possession, especially when substantiated by oral evidence of long-term use under Section 9 of the U.P. ....
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