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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Parma Nand – Appellant
Versus
Rajpal Kaur – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by the defendant Nos.2 and 3 (defendant-appellants) challenging the judgment and decree dated 24.03.2015 passed by the Trial Court and the judgment and decree dated 22.05.2018 passed by the First Appellate Court whereby the suit of the plaintiff-respondent Nos.1 and 2 (plaintiff-respondents) for prohibitory and mandatory injunctions was decreed.
2. Brief facts relevant to the present lis are that the plaintiff-respondents filed the suit averring that vide sale deed dated 22.07.2008 they purchased land measuring 9 Marlas comprised in Khasra No.166/17 situated at Basti Bhiwan, Tehsil and District Fatehabad (DC Colony Fatehabad) from Joginder Singh and Chhabil Dass. Out of the said purchased land in Khasra No.166//17 the plaintiff-respondents are in possession of plot marked ABCD and the defendants have no concern with the said plot. However, while raising construction on land adjacent to land in Khasra No.166//17 the defendants had also started raising construction over the plot marked ABCD without any right, title or interest therein. Hence, the suit for prohibitory and mandatory injunction. The suit was contested by defen
The burden of proof to establish adverse possession lies with the party claiming it, requiring clear evidence of continuous, open, and hostile possession for the statutory period.
The plea of adverse possession is inconsistent with the claim of ownership, and an agreement to sell must comply with the requirements of the Transfer of Property Act and Indian Registration Act to c....
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....
The presumption of truth in favor of the plaintiffs based on entries in the revenue record and the repelling of adverse possession when there is a claim of title pursuant to a sale document.
The defendant must admit the ownership of the true owner and prove adverse possession with adequate evidence.
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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