This second appeal arose from the dismissal of a suit for declaration of ownership by adverse possession. The High Court held that no such suit is maintainable as settled law and dismissed the appeal with no substantial question of law.
The second appeal was dismissed as no suit for declaration by adverse possession is maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RSA No.3985 of 2014 O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
RSA No.3985 of 2014 O&M) Date of decision: 14.01.2015
Baldev Singh and others
... Appellants
Vs.
Smt. Malri @ Munni @ Malla and others ... Respondents
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present:Mr. P.K.Ganga, Advocate for the appellants.
Mr. Sushil Kumar Verma, Advocate for the caveator-respondents.
AMIT RAWAL J. (Oral)
This regular second appeal is directed at the instance of appellants-plaintiffs whereby the suit of the appellants-plaintiffs for declaration claiming ownership by way of adverse possession has been dismissed by both the Courts below.
It is a settled proposition of law that no suit claiming declaration by way of adverse possession is maintainable. Reference is invited to Kamal Ram and others vs. Charanjit Singh and others 2007 (2) 497.
The aforesaid proposition of law is not disputed by the learned counsel for the appellants.
Both the Courts below have rightly dismissed the suit as
SAVITA DEVI KADIAN 2015.01.15 15:43 I attest to the accuracy and authenticity of this document High Court Chandigarh
RSA No.3985 of 2014 O&M)
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well as appeal of the appellants-plaintiffs on this ground. There is no illegality much less perversity in the findings rendered by the Courts below.
No substantial question of law arises for adjudication of
this appeal.
Accordingly, the appeal is dismissed.
(AMIT RAWAL) JUDGE
January 14, 2015 savita
SAVITA DEVI KADIAN 2015.01.15 15:43 I attest to the accuracy and authenticity of this document High Court Chandigarh
2 issues framed by the court
Whether an appeal lies against the dismissal of a suit for declaration of ownership by way of adverse possession.
Whether a suit for declaration claiming ownership by way of adverse possession is maintainable.
Colour shows how this judgement treated each authority
Kamal Ram and others vs. Charanjit Singh and othersReferred¶14
Kamal Ram and others vs. Charanjit Singh and others 2007 (2) 497
Baldev Singh and others
Smt. Malri @ Munni @ Malla and others
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
