Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUBE SINGH – Appellant
Versus
LAXMI DEVI AND OTHERS – Respondent
JUDGMENT :
NIDHI GUPTA, J.
Defendant No.1 is in second appeal against the concurrent judgments and decrees of the learned District Courts, whereby the suit filed by the plaintiffs/respondents No.1 and 2 herein, for permanent and mandatory injunction, has been decreed by both the District Courts.
2. Brief facts of the case are that the plaintiffs/respondents No. 1 and 2, had filed present Civil Suit seeking decree of permanent and mandatory injunction. The pleaded case of the plaintiffs is that a common road allows access to house of all the plaintiffs and defendants. This was the only road to access house of the plaintiffs. Plaintiffs have no alternate passage except this area. Previously, one Matadin son of Gordhan had filed Civil Suit No.444 of 1986 titled as Matadin son of Gordhan and others vs. Sube Singh and others for declaration and injunction against the present defendants in respect of the present suit land. In the said suit categoric finding of fact was given that the present plaintiffs/respondents are not owners of the suit land. However, in the said suit, plaintiffs were held entitled to use the passage for access and defendant/present appellant was directed to prove acces
In a suit for permanent injunction, the plaintiff must establish possession; failure to contest evidence leads to confirmation of ownership and injunction.
In a suit for permanent injunction, the plaintiff must establish possession of the property to obtain relief, and mere claims of ownership by a defendant do not suffice to cloud the title of the plai....
In a suit for permanent injunction, a plaintiff must establish possession; mere claims of ownership without evidence do not suffice to challenge established rights.
Point of Law : Exercise of power under this article involves a duty on the High Court to keep inferior courts and tribunals within the bounds of their authority and to see that they do the duty expec....
A suit for permanent injunction is maintainable without seeking a declaration of title when the defendant admits the plaintiff's title and possession.
The court discussed the legal principles related to the jurisdiction of the court to interfere with concurrent findings of fact and law.
Failure to seek declaration and recovery of possession is a legal hurdle in granting a mandatory injunction. The burden to establish the right shifts to the plaintiff, who must prove the disputed lan....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
