RAM DAAN (D) THROUGH LRS. versus URBAN DEVELOPMENT TRUST

RAM DAAN (D) THROUGH LRS. versus URBAN DEVELOPMENT TRUST

Since there was no clear pleading that respondent is the owner nor any assertion to that effect, and appellant’s possession (at least since 1959) was admitted, appellant is entitled to a permanent injunction against dispossession by respondent, subject to the right of any true owner to evict in accordance with law.

Parties
Appellant: Ram Daan (Deceased) Through LRs.; Respondent: Urban Development Trust
Jurisdiction
India
Judgment Date
01 August 2014
Procedural Posture
Civil Appeal / Final Hearing and Judgment
Outcome
Appeal allowed; suit decreed.
Legal Topics
Permanent Injunction, Possession, Adverse Possession
Civil Procedure Property Law Permanent Injunction Possession Adverse Possession

Case Brief

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Parties

Ram Daan (Deceased) Through LRs.

Appellant

Urban Development Trust

Respondent

Procedural Posture

Civil Appeal / Final Hearing and Judgment

Legal Issues

  1. 1 Whether appellant is entitled to a permanent injunction restraining dispossession from the suit property
  2. 2 Whether respondent is the real owner of the suit property and entitled to evict appellant
  3. 3 Applicability of summary eviction under Section 91 of Rajasthan Land Revenue Act

Ratio Decidendi

Since there was no clear pleading that respondent is the owner nor any assertion to that effect, and appellant’s possession (at least since 1959) was admitted, appellant is entitled to a permanent injunction against dispossession by respondent, subject to the right of any true owner to evict in accordance with law.

Court Disposition

Appeal allowed; suit decreed.

Orders

  • Appellant entitled to injunction restraining respondent from dispossessing appellant and demolishing construction, subject to right of true owner to evict in accordance with law.
  • Appellant awarded costs throughout.