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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Jagan Nath (Deceased) Through Lr – Appellant
Versus
Sita Ram (Deceased) Through Lr – Respondent
JUDGMENT :
Vikram Aggarwal, J.
1. This is defendant's appeal against the judgment and decree dated 06.10.1992 passed by the Court of Additional District Judge, Sirsa dismissing the appeal filed by the defendant against the judgment and decree dated 21.05.1991 passed by the Court of Sub-Judge, First Class, Sirsa vide which the suit for mandatory injunction filed by the plaintiff was decreed.
2. For the sake of convenience, the parties shall be referred as per their original status.
3. Parties to the lis are real brothers, both being sons of one Nand Lal. The plaintiff (Sita Ram) instituted a suit for mandatory injunction to direct the defendant (Jagan Nath) to vacate and deliver possession of the first floor of a house (fully described in the plaint) situated in Gali Khaiwali inside Rania Gate, Sirsa (hereinafter referred to as the disputed property). The plaintiff claimed to be the owner of one big house which was earlier under the ownership of his father Nand Lal. The plaintiff acquired ownership of the said house by way of judgment and decree dated 14.08.1974 passed by the Court of Sub-Judge, Sirsa in Civil Suit No. 544 of 1974 titled as Sita Ram Vs. Nand Lal. The defendant, who was
The main legal point established in the judgment is the requirement to prove permissive possession and adverse possession, as well as the elements necessary to establish adverse possession under the ....
Suits for mandatory injunctions can succeed if ownership is established, countering the Trial Court's denial based on misinterpretation of property law.
Owner of immovable property on termination of license is entitled to maintain suit for mandatory injunction against licensee to vacate property.
Mandatory injunction – If father allows his son or daughter to continue in possession of his house or property or its portion, same does not, by itself, create any legal right in favour of the child ....
Suit for Mandatory Injunction – Where there is construction raised on disputed property alleged to be owned by plaintiffs, appropriate and efficacious remedy available to them was to institute suit f....
The court emphasized that a familial relationship does not confer legal rights over property; residing with permission does not equate to ownership or a licensee status.
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