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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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RSA-944-1995 (O&M)

Tek Chand and others

. . . . Appellants

Vs.

Gurdial Chand and others

. . . . Respondents

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Reserved on: 25.02.2026

Pronounced on: 05.03.2026

Pronounced Fully/Operative Part: Fully

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CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA

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Present: - Mr. Rajesh Bhateja, Advocate, for appellants No.1, 2 & 4.

Mr. R.K. Arya, Advocate, for the respondents.

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DEEPAK GUPTA, J.

The present Regular Second Appeal has been preferred by four out

of six original defendants challenging the concurrent findings recorded by the

Courts below, whereby the suit for permanent injunction filed by plaintiff–

Gurdial Chand was decreed by the learned trial Court on 03.11.1993, and the

said decree was affirmed by the learned first Appellate Court vide judgment

dated 13.02.1995.

2. The record reveals that the suit property measuring 34 kanal 5

marla situated in the revenue estate of Village Pakhowal Kothian, Tehsil and

District Gurdaspur is admi5edly owned by the Central Government. The

plain6ff, however, claimed to be in cul6va6ng possession of the said land as a

tenant for a considerable period and, alleging interference by the defendants,

ins6tuted the suit seeking protec6on of his possession by way of permanent

injunc6on.

3. The defendants contested the suit by denying the possession of the

plain6ff and asser6ng their own possession over the suit property.

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4. Both the Courts below, upon apprecia6on of oral as well as

documentary evidence, recorded a concurrent finding that the plain6ff

con6nued to be reflected in possession in the revenue record up to the crop of

Rabi 1990, whereas entries showing possession of the defendants surfaced only

from Kharif 1990 onwards. The Courts below further observed that there was

no sa6sfactory explana6on or suppor6ng material jus6fying the sudden change

in khasra girdawari entries in favour of the defendants a:er a long period of

entries recording possession of the plain6ff. On that basis, the suit was decreed

and the decree was affirmed in appeal.

5. Assailing the concurrent findings, learned counsel for the

appellants contends that once the revenue record from Kharif 1990 reflected

possession of the defendants, the Courts below erred in gran6ng injunc6on in

favour of the plain6ff. It is argued that the findings suffer from misreading of

revenue entries and warrant interference.

6. Per contra, learned counsel for the respondent-plain6ff submits

that the findings recorded are purely factual, based on consistent revenue

entries and apprecia6on of evidence, and therefore, no substan6al ques6on of

law arises for considera6on in the present appeal.

7. Having considered the rival submissions and perused the record,

this Court finds no merit in the appeal.

8. It is a se5led principle that in a suit for injunc6on simpliciter

rela6ng to immovable property, the determina6ve factor is possession of the

par6es on the date of ins6tu6on of the suit. The record demonstrates that the

suit was ins6tuted on 12.10.1989, at which 6me the revenue entries up to Rabi

1990 con6nued to record possession of the plain6ff. Entries rela6ng to Rabi crop

are ordinarily prepared in the months of February–March, whereas entries for

Kharif crop are made in September–October. Consequently, the subsequent

entries reflec6ng possession of the defendants from Kharif 1990 cannot

displace the posi6on of possession as it existed on the date of ins6tu6on of the

suit.

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9. Khasra girdawari entries, though not conclusive proof of 6tle, carry

significant eviden6ary value regarding possession, par6cularly when they

exhibit con6nuity over a long period. A sudden change in such entries,

unsupported by cogent material or lawful process, cannot by itself be treated

as proof of actual change of possession. The Courts below have rightly

scru6nized this aspect and have