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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
TRIBHUVAN DAHIYA
Lakhi Ram – Appellant
Versus
Babu Ram (Since Deceased) Through Legal Heirs – Respondent
JUDGMENT :
TRIBHUVAN DAHIYA, J.
CM-1527-C-2024
The application has been filed by the appellants under Order 41 Rule 27 of the Civil Procedure Code, 1908, for permission to place additional evidence on record, i.e., revenue record (jamabandis and khasra girdawaris) for 1983-84, 1988-89, 1993-94, 1998-99, 2003-04, 2008-09, 2013-14 and 2018-19, as Annexure-A. This is to show continuance of possession of the suit land with them.
2. Notice of the application was issued to learned counsel for the non-applicant/respondent/plaintiff, now represented through his legal representatives, but no reply has been filed on their behalf disputing the facts mentioned in the application.
3. In view thereof, the application is allowed and the aforementioned revenue record/jamabandis and khasra girdawaris are taken on record as Annexure-A by way of additional evidence.
Main Case
This is defendants/appellants’ second appeal against the judgment, dated 28.08.1990, passed by learned Sub-judge Ist Class, Faridabad/trial Court, and the judgment and decree dated 04.03.1991, passed by learned Additional District Judge, Faridabad/lower appellate Court.
2. The respondent/plaintiff filed a suit for permanent injunction r
The plaintiff, having lost the case on title dispute, was not entitled to permanent injunction against the true owner.
(1) Injunction is a consequential relief – In a suit for declaration with a consequential relief of injunction, it is not a suit for declaration simpliciter, it is a suit for declaration with a furth....
A suit for permanent injunction requires valid title; without adherence to statutory requirements for land transactions, such claims are unsustainable.
Injunction sustainable on proved possession without declaration if no title cloud or property identity with prior decree established.
A plaintiff in a permanent injunction suit must prove lawful possession of the property and the defendant's interference, especially when the disputed property is unidentifiable.
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
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