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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Prem Kumar – Appellant
Versus
Subhash Chand – Respondent
JUDGMENT :
Yashvir Singh Rathor, J.
1. This regular second appeal has been preferred against the judgment and decree dated 08.01.2026 passed by the Court of Additional District Judge, Narnaul, vide which appeal preferred by the appellant against the judgment and decree dated 16.03.2018 vide which suit filed by the appellant-plaintiff had been dismissed, was dismissed.
2. Case of plaintiff is that defendants No.1 to 15 through their predecessors-in-interest for about last 20 years made over the suit property in favour of plaintiff by way of oral tenancy @ Rs.50/- per month and plaintiff is in possession over the suit property i.e. Gwara/plot detailed in headnote of the plaint as a tenant. He has constructed a house over the same and is residing in it along with his family and also tethers his cattle. Earlier, payment of rent was being regularly made to father of defendants and now to defendants. It is further alleged that defendants are quarrelsome persons and now they are bent upon to interfere in the use of afore-said suit property and are causing obstruction in the use of the same by the plaintiff and they want to destroy the house constructed upon it and to dispossess him.
3. Defend
Continuous possession must be proven to obtain an injunction; mere revenue entries are not conclusive if rebutted by evidence.
The court affirmed the plaintiff's status as a cultivating tenant based on revenue records, emphasizing that the appellate court erred in reversing the trial court's decision regarding possession.
Appellate courts cannot interfere with factual findings established by lower courts unless substantial legal errors are demonstrated.
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....
The burden of proof in property disputes, the principle of possession following title, and the limited jurisdiction of the High Court in second appeals.
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