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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Gurdeep Singh – Appellant
Versus
Sant Kumar – Respondent
JUDGMENT :
Alka Sarin, J.
CM-2766-C-2018
1. For the reasons mentioned therein, the application for condonation of 7 days delay in refiling the present appeal is allowed. The delay of 7 days in refiling the present appeal is condoned.
RSA-1120-2018
2. The present appeal is by the plaintiff-appellant against the judgements and decrees dated 25.03.2011 and 04.07.2017 passed by the Trial Court and the First Appellate Court dismissing his suit.
3. Briefly, the facts are that the plaintiff-appellant filed a suit for permanent injunction for restraining the defendant-respondents from encroaching upon or raising any construction in Plot Nos.201, 213, 216, 220A, 220B with an area measuring 443.50 square yards in the revenue estate of the village Meharbaan, Tehsil and District Ludhiana and from encroaching upon a street. A further prayer for grant of mandatory injunction was also made for directing the defendant-respondents to remove the wall from the portion which has been encroached upon by them. As per the plaintiff-appellant he had purchased the suit land from one Sohan Singh vide registered sale deed dated 28.04.1994 and had become owner in possession but the defendant-respondents were bent u
The plaintiff-appellant failed to prove possession of the property, leading to the dismissal of the appeal due to lack of cogent evidence.
A plaintiff must provide sufficient documentary evidence to establish possession for a permanent injunction; mere oral testimony is inadequate.
The demarcation report and the report of the Local Commissioner are crucial evidence to establish encroachment in a property dispute.
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....
In absence of exclusive possession evidence, a co-owner cannot seek a permanent injunction against another co-owner, and must pursue partition for resolution.
Failure to prove ownership and possession over the disputed property resulted in dismissal of the appeal.
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