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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
RITU TAGORE
Sarabjit Paul Singh – Appellant
Versus
Devki Nandan – Respondent
JUDGMENT :
Ritu Tagore, J.
This revision is directed against the Order dated 03.05.2024 (Annexure P-1) passed in Civil Mise. Appeal, as well as the Order dated 05.01.2023 (Annexure P-2), passed by learned trial Court, dismissing the application for grant of interim-injunction, filed under Order 39 Rule 1 and 2, CPC in a Civil Suit No. 284 of 2021 titled 'Sarabjit Paul Singh vs. Devki Nandan and others'.
2. Learned counsel for the petitioner, submits that the petitioner instituted a civil suit (Annexure P-3) for declaration to the effect that he has become the owner in possession by way of adverse possession of the suit property, as detailed in the plaint and correction of revenue entries in his name by deleting the names of respondents No.l to 4 and ignoring the sale deed executed by respondent No.3 and 4 in favour of respondent No.l and 2 and equitable mortgage deed dated 21.05.2018 executed by respondents No.l and 2 in favour of respondent No.5-Bank, with consequential relief of permanent injunction. Along with the suit, also filed an application (Annexure P-4) under Order 39 Rule 1 and 2 CPC read with Section 151 CPC, seeking to restrain the respondents (defendants before the learn
Adverse possession requires a clear claim of ownership and knowledge of the true owner's rights; mere possession is insufficient.
Adverse Possession—Merely being in possession of a property for a long time, by itself cannot create adverse possession and title in favour of person in possession of a property unless he claims titl....
Status quo orders in property disputes must be based on clear findings of possession; courts must protect property rights during litigation.
The claim of adverse possession requires proving actual, continuous, and exclusive possession, particularly regarding land with structures.
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
Claim of adverse possession requires continuous, open, and hostile possession for a statutory period, along with intention to possess against the true owner, significantly impacting the title of the ....
The main legal point established in the judgment is the importance of documentary evidence, lawful possession, and the conduct of the parties in determining the grant of injunction.
To establish adverse possession, the claimant must specifically plead and prove a hostile assertion of ownership, disclaiming the original title from a particular date, which was not accomplished her....
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