"Mere Assertions Can't Prove Possession": Punjab & Haryana High Court

The Punjab and Haryana High Court has dismissed an appeal in a longstanding property dispute, upholding the decisions of both the Trial Court and the First Appellate Court. The judgment, delivered by Justice Alka Sarin, emphasized the absence of credible evidence supporting the plaintiff's claim of possession over the disputed land, reaffirming the lower courts' findings that mere assertions without substantive proof are insufficient in property disputes.

The case originated from a suit for permanent injunction filed by the plaintiff-appellant, Amarjit Singh, who claimed ownership and possession of the disputed property alongside his brothers. The plaintiff contended that they had been in peaceful possession of the property, having planted various trees on it, and alleged that the defendants were attempting to forcibly encroach upon the land. The defendants, however, denied the plaintiff's claims, asserting that they were in possession of their respective shares of the property, and that the plaintiff's allegations were unfounded.

The High Court noted that both the Trial Court and the First Appellate Court had found the plaintiff's evidence insufficient to prove his possession over the disputed property. Despite the plaintiff and his brother testifying to their possession, the courts determined that these were merely "bald statements" lacking any corroborative evidence. Justice Sarin pointed out that "there is nothing on record to even remotely suggest that the plaintiff-appellant is in possession of the suit property," thereby dismissing the appeal for want of credible proof.

Justice Sarin upheld the lower courts' judgments, stating that no substantial question of law arose from the plaintiff's appeal. The court concluded that the plaintiff had failed to present any convincing and reliable evidence to establish his possession, and as a result, his suit was rightly dismissed. The court remarked that the findings of the Trial Court and First Appellate Court were correct and that no fault could be found with their decisions.

The dismissal of this appeal by the Punjab and Haryana High Court reinforces the legal principle that possession claims in property disputes must be substantiated by cogent and convincing evidence. The judgment underscores the necessity for plaintiffs to provide credible proof when seeking relief in property-related cases, as mere assertions without substantial evidence are insufficient to secure a favorable verdict.

Date of Decision: 22 August 2024

Amarjit Singh v. Baldev Singh & Another