Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Prem Nath (Deceased) Through His Lrs – Appellant
Versus
Durgiana Committee, Amritsar – Respondent
JUDGMENT :
Deepak Gupta, J.
Suit for mandatory injunction with consequential relief of permanent injunction regarding the property in dispute filed by plaintiffs (appellants herein) was decreed by ld. Civil Judge (Jr. Divn.), Amritsar vide judgment dated 23.12.1993, issuing a decree of mandatory injunction by directing defendant No.1-Durgiana Committee, Amritsar (now respondent No.1) to demolish the wall marked AB measuring 70 ft. in length and 7 ft. in height, as shown in site plan (Ex.P1). However, suit of the plaintiffs seeking decree of declaration as well as permanent injunction was dismissed.
2. Both the parties went in appeal. Plaintiffs filed the appeal submitting that trial Court was not justified in declining the prayer of declaration for ownership of the plaintiffs qua the property in dispute i.e. a path measuring 2 kanal leading from Khasra Nos.591 to 590. On the other hand, defendant No.1-Durgiana Committee, Amritsar filed appeal with the submissions that trial Court was not justified in granting the mandatory injunction and directing the said Durgiana Committee, Amritsar to demolish the disputed wall. Both these appeals were heard together by ld. Additional District Judg
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....
Trespassers cannot obtain an injunction against true owners without proving identifiable rights in the property.
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
Possession of land, even if unauthorized, cannot be disturbed without legal procedure; ownership claimed must be substantiated with evidence.
The court emphasized that granting a temporary injunction requires clear evidence of a prima facie case, balance of convenience, and irreparable injury, which were inadequately established by the pla....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
