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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Baljinder Singh – Appellant
Versus
Paramjit Singh – Respondent
JUDGMENT :
NIDHI GUPTA, J.
CM-7154-C-2015
Prayer in this application filed under Section 151 CPC is for condonation of delay of 146 days in refiling the accompanying appeal.
2. Heard.
3. For the reasons mentioned in the application which is duly supported by an affidavit of Clerk of learned counsel the applicant/appellant, the same is allowed and delay of 146 days in refiling the appeal is condoned.
RSA-2985-2015 (O&M)
Present Second Appeal has been filed by defendant No.2 against the concurrent judgments and decrees of the Courts below; whereby suit filed by the plaintiff/respondent No.1 herein for permanent and mandatory injunction, has been decreed by both the Courts below.
2. It was the pleaded case of the plaintiff in the plaint that he is owner in possession of the suit house marked as DAJKLM in the site plan situated at village Kunbra. Plaintiff had purchased the suit property from Ujjagar Singh, GPA of Mohinder vide registered Sale Deed dated 04.03.1983. Towards the southern side of the house, there is a kacha band street marked as ABCD wherein door, window and two parnalas of the house of plaintiff open. The said street was meant for the house of Dev Singh and Bachan Singh, which
In a suit for permanent injunction, the burden of proof lies on the plaintiffs to establish their right to the property, which they failed to do.
The court affirmed that a private street does not permit public access without evidence to the contrary, thereby granting the plaintiff's request for permanent injunction.
The dissolution of previous rights after land acquisition and the plaintiff's failure to challenge the acquisition proceedings.
The judgment reinforces the principle that established public rights of way cannot be obstructed by private claims of ownership.
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