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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Seth Nainsukh Dass Sukhram Dass Parivarik Dharmarth Trust (Regd.) – Appellant
Versus
Shyam Singh – Respondent
JUDGMENT :
Deepak Gupta, J.
Suit for declaration with consequential relief for permanent injunction regarding property in dispute filed by plaintiff-Trust (appellant herein) was dismissed by the trial Court on 16.03.2015; and said judgment has been upheld by the First Appellate Court on 29.02.2020, in the appeal field by the plaintiff-appellant. Against these concurrent findings, plaintiff has approached this Court by way of present regular second appeal.
2. The dispute pertains to land measuring 06 kanals, 10 marlas, situated within the municipal limits of Municipal Committee, Farrukh Nagar, Tehsil Farrukh Nagar, District Gurgaon as detailed in the plaint. It was claimed by the plaintiff that earlier it was an unregistered trust. Later on, it got registered with the Registrar of Societies, Gurgaon. The suit property consists of Dharmshala, Mandir, Marriage Pandal, Piao etc. Initially, the suit property was owned by Seth Nainsukh Dass Sukh Ram Dass. Their descendants decided to constitute a trust to utilize the suit property for the welfare of the public at large. The trust was managing and controlling the disputed property through a Managing Committee. The meetings of the Managing Co
A co-owner's possession of joint property is deemed possession for all, and exclusive possession must be proven to restrict others' rights.
A suit for possession must include a declaration of title when there is a dispute over ownership; mere possession cannot support recovery claims.
Trespassers cannot obtain an injunction against true owners without proving identifiable rights in the property.
In a property injunction suit, a plaintiff must demonstrate current possession, irrespective of competing title claims, to obtain relief.
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