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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Kanhi Ram – Appellant
Versus
Banwari Lal – Respondent
JUDGMENT :
Alka Sarin, J.
CM-19434-C-2018 & CM-19436-C-2018
1. For the reasons mentioned therein, the applications seeking condonation of 101 days delay in refiling the appeal and condonation of 51 days delay in filing the appeal are allowed. The delay of 101 days delay in refiling the appeal and the delay of 51 days delay in filing the appeal is condoned.
RSA-15013-2018
2. The present appeal has been preferred by the defendant Nos.2, 3 and 4 (defendant-appellants) challenging the judgment and decree dated 24.10.2013 passed by the Trial Court and the judgment and decree dated 20.12.2017 passed by the First Appellate Court.
3. Brief facts relevant to the present lis are that the plaintiff-respondent Nos.1 and 2 filed a suit for possession and permanent injunction. It was averred that Jagan Nath Vyas, and his son Shankar Lal Vyas were biswedars and owners of the entire land of village Shimli and had given their agricultural land to various persons for cultivation and the land within abadi to various persons for residential purposes. It was further averred that the forefathers of the plaintiff-respondent Nos.1 and 2 were given land comprised in Khasra No.254/212/3 for residential purpose wh
The burden of proof to establish adverse possession lies with the party claiming it, requiring clear evidence of continuous, open, and hostile possession for the statutory period.
The plaintiff-appellant failed to prove possession of the property, leading to the dismissal of the appeal due to lack of cogent evidence.
To establish adverse possession, the claimant must specifically plead and prove a hostile assertion of ownership, disclaiming the original title from a particular date, which was not accomplished her....
A plaintiff must provide sufficient documentary evidence to establish possession for a permanent injunction; mere oral testimony is inadequate.
Recognition of the State's title by the Plaintiff through payment of penalty for unauthorized possession indicates lack of hostile animus, negating adverse possession claim.
Illegal Cultivation of land – Rejection of application for settlement -long continuous and uninterrupted possession of the land in question as its owner to the knowledge of the true owner, i.,e., the....
The main legal point established is the requirement for parties to provide evidence to support their claims, and the lack of substantial questions of law for consideration in the appeal.
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