Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Shami Walia – Appellant
Versus
Manik Kumar – Respondent
JUDGMENT :
Yashvir Singh Rathor, J.
1. This Regular Second Appeal is directed against the judgment and decree dated 30.01.2026 passed by the Court of Additional District Judge, Chandigarh, vide which the appeal filed by the appellants/defendants against the judgment and decree dated 25.11.2022 passed by learned Civil Judge (Junior Division), Chandigarh in a Civil Suit No.1293 of 2021, whereby the suit for mandatory injunction and recovery filed by the plaintiff/respondent was decreed, has been dismissed.
2. The case of plaintiff is that he is owner in possession of the suit property i.e. House No.3234, Housing Board Colony, Dhanas, Chandigarh being the Class-I legal heir of his mother, Late Smt. Shakuntala Devi. Plaintiff and defendants are close relatives and in October, 2020, defendants requested him to allow them to live in a part of the premises along with their daughter Kajal for a few days with the assurance that they will shift to some other suitable accommodation, where they are running some business. Plaintiff allowed them to use a part of the premises and later on, he requested them to vacate the same but they refused and rather started misbehaving with him. Plaintiff appro
Mandatory injunction – If father allows his son or daughter to continue in possession of his house or property or its portion, same does not, by itself, create any legal right in favour of the child ....
The court emphasized that a familial relationship does not confer legal rights over property; residing with permission does not equate to ownership or a licensee status.
The court upheld the plaintiff's right to seek a mandatory injunction against the defendant, emphasizing the necessity of consistent evidence and pleadings in property disputes.
The main legal point established is that a second appeal only lies on a substantial question of law, and the Court cannot reanalyze or reappreciate evidence in a second appeal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
