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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Ravi Pashi – Appellant
Versus
Rajeshwar Singh – Respondent
JUDGMENT :
Vikram Aggarwal, J.
1. This is defendants' appeal against the judgment and decree dated 05.01.1991 passed by the Court of Addl. District Judge, Gurdaspur, vide which the appeal filed by the plaintiff against the judgment and decree dated 10.04.1990 passed by the Court of Addl. Senior Sub-Judge, Pathankot, dismissing the suit for injunction, was allowed and the suit was decreed.
2. For the sake of convenience and clarity, parties shall be referred to as per their original status.
3. A suit for permanent injunction was instituted by the plaintiff (Rajeshwar Singh) against the defendants (Ravi Pashi, Anil Pashi, Smt. Raj Rani and Ashok Kumar Pashi), restraining them from taking forcible possession or interfering in any manner in the possession of the plaintiff over the land measuring 18 kanals (fully described in the plaint), situated in Village Daulatpur, Tehsil Pathankot, District Gurdaspur (at the relevant time, Pathankot was a Sub-Division of District Gurdaspur) (hereinafter referred to as the 'suit property').
3.1 The case set up was that plaintiff had purchased the suit property from one Chaudhary Kesho Dass vide registered sale deed dated 10.03.1987 for a sale considerati
When the plaintiff's title to the property is in dispute and there is a threat of dispossession, the plaintiff should sue for declaration of title and the consequential relief of injunction.
A plaintiff in a permanent injunction suit must prove lawful possession of the property and the defendant's interference, especially when the disputed property is unidentifiable.
A permanent injunction cannot be granted against co-owners without establishing clear possession or valid title, especially when title is disputed.
The main legal point established in the judgment is the application of the principle 'No possession No injunction' and the jurisdiction of the first appellate court to re-appreciate evidence and reve....
In a suit for permanent injunction, a plaintiff must establish actual possession, which suffices for relief regardless of ownership disputes, supported by evidence of rent receipts and mutation order....
A person in settled possession is protected against forcible dispossession by the true owner without legal recourse, even if the title is disputed.
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