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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Surinder Kumar – Appellant
Versus
Makhan Singh – Respondent
JUDGMENT :
Alka Sarin, J.
CM-14977-C-2019
1. For the reasons mentioned therein, the application seeking condonation of 17 days delay in filing the appeal is allowed. The delay of 17 days delay in filing the appeal is condoned.
RSA-5288-2019
2. The present appeal has been preferred by the defendant-appellants challenging the judgment and decree dated 12.10.2017 passed by the Trial Court and judgment and decree dated 08.05.2019 passed by the First Appellate Court.
3. Brief facts relevant to the present lis are that the plaintiff-respondent filed a suit for permanent injunction averring that the suit property was owned and possessed by his grandfather who used to live with the plaintiff-respondent and after the death of the grandfather the plaintiff-respondent was in possession and using it for tethering cattle. There were two temporary cattle sheds and an open kitchen in the suit property which fell within the red line of the village and thus no revenue record thereof was available. As per the plaintiff-respondent the defendant-appellants were permanent residents of Nabha, and their ancestors had sold all the property including land in the village. The defendant-appellants were threatening
The plaintiff-appellant failed to prove possession of the property, leading to the dismissal of the appeal due to lack of cogent evidence.
Possession claims must be substantiated with specific evidence of ownership and cannot rely solely on assertions without proper pleadings.
A plaintiff must provide sufficient documentary evidence to establish possession for a permanent injunction; mere oral testimony is inadequate.
Appellate courts cannot interfere with factual findings established by lower courts unless substantial legal errors are demonstrated.
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