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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Mangat Ram – Appellant
Versus
Barkha Ram – Respondent
JUDGMENT :
Deepak Gupta, J.
Defendants of the case are before this Court in the present Regular Second Appeal against the concurrent findings of the Courts below, in as much as Civil suit No.476 of 2005/2009 filed by plaintiffs Barkha Ram etc. (respondents herein) for declaration and possession of the suit land was decreed by the trial Court of learned Civil Judge (junior Division), Kurukshetra on 28.03.2011. Civil Appeal No.337 of 2013 filed by the defendants (appellants herein) was dismissed by the Court of learned Additional District Judge, Kurukshetra on 03.03.2014.
2. Trial Court record was called. Same has been perused. In order to avoid confusion, parties shall be referred as per their status before the trial Court.
3.1 Subject-matter of the dispute is 32 Kanal 08 Marla of land situated in Revenue Estate of Village Yara, Tehsil Shahabad, District Kurukshetra detailed in para No.l of the plaint (hereinafter referred as the 'suit land').
3.2 According to plaintiffs, they along with other co-sharers are owners of the suit land as per the entries in the revenue record. Defendants have no concern with the suit land but names of defendant Nos.l to 4; and predecessor-in-interest of defe
The doctrine of res judicata between co-defendants must be applied with care and caution, and the findings in a previous suit can operate as res judicata between co-defendants if certain conditions a....
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
Revenue records do not confer title; civil courts lack jurisdiction over revenue matters, affirming the authority of revenue officials in correcting entries and ejecting trespassers.
A plaintiff must establish their own ownership in a suit for title and possession, as entries in revenue records do not confer title.
Possession must be open, continuous, and adverse to establish adverse possession; failure to prove this invalidates claims of ownership.
(1) Recovery of possession – Limitation – Suit based on title where plea of adverse possession had not been raised could not be barred by limitation on ground that it was filed after more than 12 yea....
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