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J. J. MUNIR
Uttar Pradesh Avas Evam Vikas Parishad Thru Hou. Comm. – Appellant
Versus
Sirajuddin – Respondent
JUDGMENT :
J.J. Munir, J.
1. This is a defendants’ second appeal arising out of a suit for permanent prohibitory injunction.
2. Original Suit No.866 of 2005 was instituted in the Court of the City Munsif, Meerut by the five plaintiff-respondents to this appeal, praying that a decree of permanent injunction be passed against the defendants, to wit, the Uttar Pradesh Avas Evam Vikas Parishad, Lucknow and the Assistant Housing Commissioner of the Parishad aforesaid to the effect that the defendants be restrained from interfering in the rights and possession of the plaintiffs, demolishing their standing constructions or interfering with the construction work carried on by the plaintiffs on the land in dispute, the full particulars whereof are given at the foot of the plaint. The property, subject matter of the said suit, was shown to be 5000 square yards of land of Khasra No.5751, part of Khewat Nos.1 and 15, situate at Victoria Park, Dhobi Ghat, Meerut City (for short, ‘the suit property’), with boundaries detailed. Plaintiff-respondent No.1, Sirajuddin son of Sheikh Fariduddin, claimed himself to be the owner and landlord of the suit property. Plaintiff-respondent Nos.2 to 5, to wit, Ma
In land disputes, precise identification of property is crucial; courts must appoint a survey commission to ascertain location when ownership is contested.
Possession under an agreement to sell can establish a possessory title, necessitating a survey for property location disputes.
The court affirmed that ownership and possession can be established through valid sale-deeds and corroborating evidence, even against claims of unsettled land.
Landowners must establish clear title or proof of ownership against government claims to avoid dismissal of suits for injunctions on public land, as mere possession or revenue entries do not suffice.
Mere possession or sporadic revenue entries do not confer ownership title; clear documentation and continuous proof of possession is necessary, especially against government parties.
The judiciary's jurisdiction under Article 227 is limited to ensuring the authority of subordinate courts, not correcting factual errors.
Proper identification of property ownership is essential in disputes, and prior deeds must reflect accurate details to establish rightful title.
Point of Law : Grant of temporary injunction - Demarcation report - Demarcation report included determination of location of suit premises. A modern method of TSM has been used to demarcate land. Cla....
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