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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Darshan Singh – Appellant
Versus
Tulsa Kaur – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The present Regular Second Appeal (for short “RSA”) has been preferred assailing the concurrent judgments and decrees dated 06.03.2026 passed by the learned District Judge, Barnala and dated 04.12.2023 passed by the learned Civil Judge (Junior Division), Barnala, whereby the suit for permanent injunction instituted by the respondent-plaintiff has been decreed.
2. Succinctly put, the respondent–plaintiff instituted a suit for permanent injunction seeking to restrain the appellant–defendant from interfering with her peaceful possession, from dispossessing her, from getting the suit property transferred in his name, from altering its nature, and from causing any damage thereto. The plaintiff also sought possession of the ground floor portion of the suit property.
2.1 It was pleaded that the plaintiff is the owner in possession of the suit property. The defendants, who are her son and daughter-in-law, were permitted to reside in the ground floor portion of the house, whereas the plaintiff herself resides on the first floor, in terms of an agreement dated 12.12.2012. It was further averred that the plaintiff had orally partitioned her properties, whereby
Possession claims must be substantiated with specific evidence of ownership and cannot rely solely on assertions without proper pleadings.
A co-owner's entitlement to seek permanent injunction based on established title, possession, and enjoyment, even in the absence of exclusive possession, when the defendant fails to prove her claim.
When the plaintiff's title to the property is in dispute and there is a threat of dispossession, the plaintiff should sue for declaration of title and the consequential relief of injunction.
A co-owner's possession of joint property is deemed possession for all co-owners until partition, negating exclusive possession claims.
The main legal point established is that the plaintiff must prove the validity of the Will in accordance with the Evidence Act and that no injunction can be granted against co-owners.
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