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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Suresh (since deceased) – Appellant
Versus
Mahinder (since deceased) – Respondent
JUDGMENT :
Deepak Gupta, J.
1. Unsuccessful plaintiff - Suresh (now appellant through his LRs) has approached this Court by way of the present regular second appeal against the concurrent findings of the Courts below, inasmuch as the suit filed by him seeking decree for possession along with mandatory and permanent injunction of the suit property against sole defendant - Mahinder (now respondent through his LRs) was dismissed by the trial Court vide judgment dated 17.08.2017 and the appeal filed by the said plaintiff was dismissed by the First Appellate Court on 11.04.2022.
2. In order to avoid confusion, parties shall be referred as per their status before the trial Court. Trial Court record was called and the same has been perused.
3. Subject matter of the dispute is a plot bearing number 354 measuring 318 Sq. yards situated within the abadi deh of village Sitawali, Tehsil and District Sonepat, shown by letter ABCD' in the site plan attached with the plaint.
4. Plaintiff claimed to be the owner of the suit property, on which his father had constructed two rooms and a boundary wall during his life time. His father had died in 1998 and thereafter, it was inherited by him. Plaintiff alle
The court emphasized that the defense of adverse possession cannot be claimed if it is contradictory to the main defense of ownership, and that the benefit under section 53A of the TPA can only be cl....
The claim of title and plea of adverse possession cannot coexist. An unregistered sale deed cannot be looked into for collateral purposes.
Possession alone does not confer property title; it must be open, peaceful, and adverse to true owners for claim of adverse possession to succeed.
The court held that the plaintiffs proved ownership through valid Sale Deed; defendants failed to substantiate adverse possession claims due to contradictions in evidence.
An unregistered agreement to sell immovable property does not confer ownership rights; registration is mandatory for valid transfer of title.
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