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Parkash Singh And Ors. vs Joint Development Commissioner, ... on 12 March, 2018

8. Learned counsel for the appellants by referring to the judgment by Full Bench of this Court passed in Parkash Singh and others vs. Joint Development Commissioner, Punjab and others, 2014 (3) PLR 543, submits that the normal rule of ownership of land within abadi deh is, ownership follows possession. In the instant case, it has been admitted by the plaintiffs that they are not in possession, therefore, ownership cannot be claimed by them, and the suit is liable to be dismissed. In this regard, 4 of 7 ::: Downloaded on - 29-09-2022 06:59:46 ::: RSA No.1751 of 2022 (O&M) and other connected cases 5 he has placed reliance upon para No.20 of the judgment, which reads as under:
Supreme Court - Daily Orders Cites 0 - Cited by 13 - M M Shantanagoudar - Full Document

Ranbir Singh vs Jagpal Singh And Ors on 23 April, 2018

11. The reliance placed by learned counsel on the judgment of this Court passed in Ranbir Singh's case (supra), is misplaced, as the judgment was rendered to decide validity of an order rejecting interim injunction under Order 39 Rule 1 & 2 CPC, which was being claimed on the basis of two agreements to sell. The declining of interim injunction was upheld by this Court by holding that it was incumbent on the petitioner therein to establish on record certain documents post agreement to sell to show that the plaintiff was in possession, like entry in rapat 6 of 7 ::: Downloaded on - 29-09-2022 06:59:46 ::: RSA No.1751 of 2022 (O&M) and other connected cases 7 roznamcha for the purpose of purchase and sale of land situated within lal lakeer. It was further held that these factors were in the domain of the trial Court, where during trial, the parties could place the documents on record, in support of the averments. The judgment has no application to the facts of this case, where possession of the plaintiffs stand established on the basis of cogent oral as well as documentary evidence, like the registered sale deed. Mere entry in a rapat roznamcha becomes inconsequential in the face of evidence led by the plaintiffs. Besides, observations in the judgment are with reference to an agreement to sell, which is not a document of title.
Punjab-Haryana High Court Cites 1 - Cited by 1 - A Rawal - Full Document
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