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115

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA-3669-2019 (O&M)

Date of Decision : 28.01.2026

Matadeen and Ors ... Appellants

Versus

Singh Ram (deceased) through his LRs and Ors ... Respondents

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present : Mr. Chanderhas Yadav, Advocate for the appellants.

ALKA SARIN, J. (Oral)

1. Present appeal has been preferred by the plaintiff-appellants

challenging the judgment and decree dated 30.09.2015 passed by the Trial

Court and the judgment and decree dated 10.12.2018 passed by the First

Appellate Court.

2. Briefly the facts relevant to the present lis are that the plaintiff-

appellants herein filed a simpliciter suit for injunction claiming that they are

owners in possession of the suit property as fully described in the plaint. It

was the case set up by the plaintiff-appellants that they are in possession of

the suit property since the time of consolidation (Chakbandi). It was further

the case set up that the defendant-respondents have no right, title or interest in

the suit property and that they are trying to obtain possession of the suit

property. The suit was contested by the defendant-respondents who set up the

claim that the suit property came to their share vide decision dated 16.06.1963

and that they are in possession of 01 Kanal 17 Marla since the time of

JITENDER KUMAR

2026.01.29 10:06

I attest to the accuracy and

integrity of this document

Chandigarh

RSA-3669-2019 -2-

consolidation.

3. On the basis of pleadings of the parties the following issues were

framed :

1. Whether the impugned proceedings of consolidation dated

16.06.1963 are void against the rights of plaintiff ? OPP

2. Whether plaintiffs are in exclusive possession of the suit

land ? OPP

3. Whether suit is maintainable ? OPP

4. Whether civil court jurisdiction is barred ? OPD

5. Relief, cost, special cost.

4. The Trial Court vide judgment and decree dated 30.09.2015

dismissed the suit. Aggrieved by the same an appeal was preferred, which

appeal was also dismissed vide judgment and decree dated 10.12.2018.

Hence, the present regular second appeal.

5. Learned counsel for the plaintiff-appellants would contend that

the plaintiff-appellants have been in possession of the suit property and that

the decision dated 16.06.1963 was never acted upon nor possession was

delivered to the defendant-respondents and that the defendant-respondents are

now trying to dispossess the plaintiff-appellants only on the basis of decision

dated 16.06.1963.

6. Heard.

7. In the present case the suit is simpliciter for permanent

injunction. A perusal of the judgments and decrees passed by both the Courts

reveals that Ex.P25 reveals that Singh Ram (defendant-respondent No.1) and

others were owners of the suit property and Chander etc. were cultivating the

land. The change in ownership has been made according to decision dated

JITENDER KUMAR

2026.01.29 10:06

I attest to the accuracy and

integrity of this document

Chandigarh

RSA-3669-2019 -3-

16.06.1963 and possession and ownership had changed according to Ex.D1.

Further Ex.D5, which is a certified copy of the judgment in contempt petition

No.RT-42 of 2009, reveals that Sh. Bhagwan (AW1) admitted the possession

of Raju @ Raj Kumar, Sunil Kumar both sons of Chandgi Ram son of Singh

Ram and Chandgi Ram son of Singh Ram and that they were in possession of

the suit property for the last 8 to 10 years. AW3 Rakesh also admitted the

existence of Chhapar of the defendant-respondents since the last 10 to 12

years. There is no cogent evidence forthcoming nor learned counsel for the

plaintiff-appellants has been able to point out to any evidence on the record to

even remotely suggest that the plaintiff-appellants were in possession of the

suit property. In the absence of any cogent and reliable evidence to even

remotely suggest that the plaintiff-appellants were in possession of the suit

property, no fault can be found with the judgments and decrees passed by both

the Courts.

8. In view of the above, I do not find any merits in the present

appea