NAGAR PALIKA RAISINGHNAGAR versus RAMESHWAR LAL & ANR.

NAGAR PALIKA RAISINGHNAGAR versus RAMESHWAR LAL & ANR.

Respondent was able to prove all three necessary conditions for permanent injunction—prima facie case, balance of convenience, and irreparable injury—being in possession of the suit land and holder of Patta; appellant failed to prove cancellation or that grant was for other land; therefore, respondent entitled to injunction.

Parties
Appellant: Nagar Palika Raisinghnagar; Respondent: Rameshwar Lal; Respondent (predecessor in Title): Pokhar Ram
Jurisdiction
India
Judgment Date
10 October 2017
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Permanent Injunction, Possession, Patta/land Allotment
Property Law Civil Procedure Permanent Injunction Possession Patta/land Allotment

Case Brief

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Parties

Nagar Palika Raisinghnagar

Appellant

Rameshwar Lal

Respondent

Pokhar Ram

Respondent (predecessor in Title)

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether respondent is entitled to permanent injunction restraining dispossession from suit land.
  2. 2 Whether Patta was granted for suit land and whether it was cancelled/amount refunded.
  3. 3 Whether respondent is in possession of suit land.

Ratio Decidendi

Respondent was able to prove all three necessary conditions for permanent injunction—prima facie case, balance of convenience, and irreparable injury—being in possession of the suit land and holder of Patta; appellant failed to prove cancellation or that grant was for other land; therefore, respondent entitled to injunction.

Court Disposition

Appeal dismissed

Orders

  • Permanent injunction against appellant restraining dispossession of respondent from suit land upheld