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JASPREET SINGH
Narendra Bahadur Singh – Appellant
Versus
Ram Manorath Singh – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Sri A.K. Jauhari, learned counsel for the appellants and Sri R.U. Pandey, learned counsel for the respondents.
2. The instant second appeal has been preferred by the defendant-appellants being aggrieved against the judgment and decree passed by the Lower Appellate Court dated 18.02.1987 passed by the 1st Additional Civil Judge, Sultanpur in Civil Appeal No. 237 of 1980 whereby it dismissed the defendant's appeal and affirmed the judgment and decree passed by the VIIth Additional Munsif, Sultanpur dated 24.08.1980 whereby the plaintiff-respondent's suit for temporary injunction was decreed.
3. The instant second appeal was admitted by the Court by means of order dated 31.03.2005 on the two substantial questions of law which reads as under:-
4. Briefly, the facts giving rise to the instant appeal are that the plaintiff-respondent instituted a suit seeking a decree of per
The appellate court can reverse trial court findings and consider all evidence in a permanent injunction suit, even after confirming some findings, if the trial court inadequately assessed the eviden....
Possession established prior to the abolition of zamindari can confer rights under Section 9 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, regardless of the validity of an unre....
The onus of proving exclusive possession after partition lies with the plaintiff, and findings must be based on evidence rather than conjectures and surmises.
Concurrent findings of facts and law recorded by the lower courts cannot be interfered with unless found to be perverse.
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
The main legal point established in the judgment is the importance of evidence of possession and title in a suit for permanent injunction, the principles of granting preventive relief and perpetual i....
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
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