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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIRINDER AGGARWAL
Sardar (Since Deceased) Through His Lr Suresh – Appellant
Versus
Piare Lal (Since Deceased) Through His Lr Jal Singh – Respondent
JUDGMENT :
Virinder Aggarwal, J.
The plaintiff-respondent (Piare Lal) since deceased filed suit for permanent injunction for restraining the defendants from making any construction at point 'XY' in the plot shown by letters ABCD in the site-plan or in the alternative if the defendants succeed in raising the construction over the plot, then a decree for mandatory injunction for demolishing the same on the allegations that the plaintiff is one of the co-owner in possession of a house situated in the Abadi of village Langra, Tehsil and District Gurgaon. The same is shown as ABCD in the site plan as Ahata No. 23, Ghar No. 23 as per Shizra Khasra Pamiesh Abadi of village Langra and is bounded in the East: house of Nanak son of Chitru, situated in Ghar No. 22 which also belongs to the plaintiff and other co-sharers, in the West: house of defendants which falls in Ghar No. 26, Ahata No. 26, in the North: open land of the plaintiff and in the South: houses of Pran Sukh and Ram Parshad and Shamlat Deh and Rasta. The defendants threatened to encroach upon the plot of the plaintiff and other cosharers without any right or title. They intended to include the portion of the plaintiff's plot in th
Failure to prove ownership and possession over the disputed property resulted in dismissal of the appeal.
Possession of land, even if unauthorized, cannot be disturbed without legal procedure; ownership claimed must be substantiated with evidence.
A suit for perpetual injunction is not maintainable when encroachment is established, particularly if the land has been acquired by the state, barring the plaintiff's cause of action.
A plaintiff can seek permanent and mandatory injunctions based on established possession of the property, regardless of whether a declaration of title has been formally sought.
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