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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Manju – Appellant
Versus
Gaushala Fazilka through its President – Respondent
JUDGMENT
VIRINDER AGGARWAL , J .
1. The appellant-plaintiff, being deeply aggrieved by the decree and judgment dated 22.04.1997, rendered by the learned Additional District Judge, Ferozepur, respectfully invokes the appellate jurisdiction of this Hon’ble Court by way of this Regular Second Appeal (for short to be referred as ‘RSA’). By virtue of the assailed judgment, the learned Lower Appellate Court erroneously reversed the well-reasoned findings and decree dated 19.12.1995, pronounced by the learned Additional Civil Judge (Senior Division), Fazilka, which had originally enured to the benefit of the appellant.
1.1. The appellant seeks the restoration of the decree lawfully granted by the learned Trial Court and prays for appropriate redress against the substantial miscarriage of justice occasioned by the first appellate determination. It is respectfully submitted that the impugned judgment and decree are vitiated by manifest perversity, egregious errors of law, and a fundamentally flawed appreciation of the evidentiary record. The appellant contends that the reversal of the court of first instance is legally unsustainable and has resulted in grave injustice; therefore, it is prayed
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....
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
Ownership rights are upheld when supported by adequate documentation, while claims of adverse possession require clear evidence of hostile possession, which was not proven in this case.
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
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