In, Murti Shri Vishnu Avtar Baba Ram Dev & Anr vs Baljit Singh & Others, the Single Bench of Punjab & Haryana HC has held that, When the plaintiff-appellants have not been able to satisfy their right, title or interest in the suit land they cannot seek possession of the same or seek a mandatory injunction against the defendant-respondents qua the same. But the weakness in the case set-up by the defendant-respondents will not automatically strengthen the case as set-up by the plaintiff-appellants.
Facts
The plaintiff-appellants filed a suit for possession of the suit property from the defendant-respondents on the grounds that the suit property was the ownership of the plaintiff-appellant and the defendant-respondents had illegally encroached upon the suit property. On the basis of the pleadings of the parties and the evidence produced, the Trial Court held that the plaintiff-appellants entitled to possession of property. Aggrieved by the judgment and decree passed by the Trial Court, an appeal was preferred by the defendant-respondents, Whereby the lower Appellant Court reversed the judgment of Trial Court.
The present RSA has been preferred by the plaintiff-appellants against the judgment and decree of the lower Appellate Court whereby their suit for possession and mandatory injunction has been dismissed.
Contention Made
Plaintiff-appellant: That the lower Appellate Court has erred in reversing the findings recorded by the Trial Court and in dismissing the suit of the plaintiff-appellants.
As per counsel, the evidence on the record proved that the plaintiff-appellant was a juristic person and the plaintiff-appellant could file the suit and the present appeal on its behalf.
That the plaintiff-appellant was the owner of the suit property which had been encroached by the defendant-respondents.
Court Observation
The Single Bench of Punjab & Haryana HC, while dealing with the decision of the Lower Appellant Court Observed that; when the plaintiff-appellants have not been able to satisfy their right, title or interest in the suit land they cannot seek possession of the same or seek a mandatory injunction against the defendant-respondents qua the same.
Further, the weakness in the case set-up by the defendant-respondents will not automatically strengthen the case as set-up by the plaintiff-appellants.
Court Judgment
The Punjab & Haryana HC, while dismissing the RSA has held that, the plaintiff-appellants has been unable to satisfy this Court as to how the plaintiff-appellant No.2 could claim to represent any Committee so as to file the suit and the present appeal for the plaintiff-appellant No.1. There is nothing on the record that any Committee is in existence which Committee can sue or be sued in its name.
Hence, the court further found no illegality and infirmity in the judgment and decree passed by the lower Appellate Court.
Case: Murti Shri Vishnu Avtar Baba Ram Dev & Anr vs Baljit Singh & Others.
Citation: RSA-414-2021 (O&M)
Bench: Hon’ble Mrs. Justice Alka Sarin
Decided on: 10th August, 2022.
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