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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Rajnish Kumar,J.
Girja Shankar – Appellant
Versus
Ram Sajeevan – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Shri Tarun Kumar Pandey, learned counsel for the appellants.
2. Learned counsel for the appellants, while assailing the judgment and decrees passed by the courts below, submits that in the suit for permanent injunction filed by the appellants, an order of interim injunction was passed restraining the respondents from interfering in the peaceful possession of the appellants. However during pendency of the suit a sale deed was executed by respondents of the property in dispute, therefore, by way of amendment the same was challenged in the suit, but neither any issue was framed in regard to the same nor finding was recorded. Being aggrieved, an appeal was filed. He further submits that the decree passed by the trial court was not before the appellate court, whereas an appeal can be filed against the decree under Section 96 of the Civil Procedure Code (here-in-after referred as CPC), therefore, the appeal could not have been decided in it's absence, but without considering it and the grounds raised by the appellants in the appeal, the appeal has been dismissed and the judgment and decree passed by the trial court has been affirmed, therefore the same
An appeal can proceed without a decree if the judgment is provided, and technical defects do not affect the substantive merits of the case.
Injunction sustainable on proved possession without declaration if no title cloud or property identity with prior decree established.
Ownership transfers upon registration of a sale deed, and non-payment of part of the consideration does not invalidate the sale; the transferor's remedy lies in recovery, not cancellation.
A plaintiff in a permanent injunction suit must prove lawful possession of the property and the defendant's interference, especially when the disputed property is unidentifiable.
Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts.
The main legal point established in the judgment is that an order of dismissal for default does not constitute a decree under the Code of Civil Procedure.
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