PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Santokh Singh – Appellant
Versus
Sukhdev Singh – Respondent
JUDGMENT :
Alka Sarin, J. (Oral)
1. The present regular second appeal has been filed by defendants No.1 to 6-appellants challenging the concurrent findings returned by the Trial Court vide judgment and decree dated 30.09.2016 and by the First Appellate Court vide judgment and decree dated 25.10.2021.
2. Brief facts relevant to the present lis are that the plaintiff-respondents No.1 to 3 herein filed a suit for permanent injunction averring therein that they are owners in possession of the suit property and that the defendants are total strangers to the property in dispute, however, they tried to dispossess the plaintiff-respondents No.1 to 3. On 15.02.2011 the defendants came at the spot in order to dispossess the plaintiff-respondents No.1 to 3 but due to timely intervention of the respectables the plaintiff-respondents No.1 to 3 were able to foil the attempt of the defendants. Hence, the civil suit.
3. Defendants No.1 to 6-appellants and the other defendants (respondents No.4 and 5 herein) filed written statement raising various preliminary objections regarding maintainability and that the plaintiff-respondents No.1 to 3 had neither been in possession of the suit property nor they ha
The central legal point established in the judgment is the requirement for the plaintiff to prove their title on the suit property and the court's reliance on evidence to determine ownership and enti....
Possession of land, even if unauthorized, cannot be disturbed without legal procedure; ownership claimed must be substantiated with evidence.
A plaintiff must provide sufficient documentary evidence to establish possession for a permanent injunction; mere oral testimony is inadequate.
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