PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Neelam – Appellant
Versus
Abhishek – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral)
The defendant (Smt. Neelam) assails the judgment and decree dated 18.09.2024, passed by the Court of learned District Judge, Pathankot, dismissing the appeal against the judgment and decree dated 19.07.2018, passed by the Court of learned Addl. Civil Judge (Senior Division), Pathankot vide which the suit for possession filed by the respondents-plaintiffs was decreed.
2. The respondents-plaintiffs (Abhishek and Ankur) are the sons of Late Vijay Kumar. After the death of the mother of the respondents-plaintiffs, Vijay Kumar had solemnized marriage with the appellant-defendant. The property in dispute is a residential house constructed over a plot measuring 03 marlas (fully described in the plaint), situated in the revenue estate of Village Kuthiali, Had Bast No.341 (Teachers Colony), Tehsil and District Pathankot. The respondents-plaintiffs filed a suit for possession qua the said house (hereinafter referred to as 'the disputed house') claiming title on account of sale deed dated 14.08.2007 having been executed in their favour by Kamla Devi, who was their paternal grand mother. It was the case of the respondents-plaintiffs that mutation had also bee
A wife cannot claim residence rights in a property solely owned by her mother-in-law or father-in-law, reinforcing distinctions between exclusive ownership and shared household definitions.
The court ruled that permissive possession does not confer title, affirming ownership of plaintiffs over property and their right to recover possession.
A plaintiff must establish a jural relationship of landlord-tenant to claim possession; failure to prove tenancy and title leads to dismissal of eviction suits.
Suit for possession and mesne profit – No new plea can be taken by defendants in appeal before Supreme Court.
Courts cannot entertain claims of adverse possession when ownership is established by a valid title deed, and any agreements contradicting that ownership must be substantiated legally.
The main legal point established in the judgment is that possession is a good title against anyone who cannot show a better title. The court emphasized the importance of long possession and the burde....
Legal heirs maintain ownership rights against claims of adverse possession if defendants' assertions conflict with prior admissions regarding property title.
Ownership rights are upheld when supported by adequate documentation, while claims of adverse possession require clear evidence of hostile possession, which was not proven in this case.
Civil Law - Recovery of khas possession - It is a settled law that entry of names in records of right does not vest any ownership over the said land and is only indicative about the possession over s....
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