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SYED AFTAB HUSAIN RIZVI
Kanpur Development Authority through its Vice-Chairman – Appellant
Versus
Gaffar – Respondent
JUDGMENT :
SYED AFTAB HUSAIN RIZVI, J.
1. This second appeal is directed against the judgment and decree dated 9.1.2001 passed by 17th Additional District Judge, Kanpur in Civil Appeal No. 376 of 1998 Gaffar vs. Kanpur Development Authority and Another. By the impugned judgment the first appellate court has allowed the appeal and set-aside the judgment and decree of trial court in O.S. No. 1552 of 1989 Gaffar vs. Kanpur Development Authority and has decreed the original suit and restrained the respondents (defendants) from interfering in the peaceful possession of the appellant-plaintiff on the disputed property.
2. The brief facts are that respondent filed Original Suit No. 1552 of 1989 Gaffar vs. Chairman, Kanpur Development Authority and Another for permanent injunction. In the plaint it was alleged that plaintiff is absolute owner and landlord of field no. 797 ad-measuring 6 bigha 13 biswa situated in village Chandari, Kanpur Nagar, in pursuance of a will deed duly registered and the name of the plaintiff has been duly mutated in the revenue records of Khatauni for 1391 Fasli to 1396 Fasli as per order of Tehsildar dated 14.9.1987. The plaintiff is in peaceful possession upon the
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
A landlord retains legal and constructive possession of property despite leasing it to a tenant. Consequently, the landlord has the locus standi to institute a suit for permanent injunction against t....
The onus lies on the person claiming right, title, and interest to prove the title by producing the necessary documents.
The court affirmed that mere possession claims based on panchayat records without substantive proof do not establish legal ownership, emphasizing the necessity of lawful possession documentation.
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