The Power Under Order XXXVIII, Rule 5 CPC is Drastic and Extraordinary; Should Not Be Exercised Mechanically or Merely for the Asking: Calcutta High Court Telangana High Court Strikes Down Section 10-A: Upholds Transparency in Public Employment Absence of Homogeneous Mixing and Procedural Deficiencies Vitiate NDPS Conviction: Punjab and Haryana High Court Business Disputes Cannot Be Given Criminal Color: Patna High Court Quashes Complaint in Trademark Agreement Case Gujarat High Court Appoints Wife as Guardian of Comatose Husband, Calls for Legislative Framework Standard of Proof in Professional Misconduct Requires 'Higher Threshold' but Below 'Beyond Reasonable Doubt: Delhi High Court Imprisonment Cannot Bar Education: Bombay HC Allows UAPA Accused to Pursue LL.B. High Court Acquits Accused in Double Murder Case, Asserts ‘Suspicion Cannot Replace Proof’ Long separation and irreparable breakdown of marriage must be read as cruelty under Section 13(1)(ia) of the Hindu Marriage Act: Andhra Pradesh High Court Regulation 101 Applies to All Aided Institutions, Including Minority Ones, Says Allahabad High Court Fraud Unravels All Judicial Acts : Jharkhand High Court Orders Demolition of Unauthorized Constructions in Ratan Heights Case Suspicious Circumstances Cannot Validate a Will: Himachal Pradesh High Court Upholds 1997 Will Over 2000 Will Calcutta High Court Allows Amendment of Pleadings Post-Trial: Necessary for Determining Real Questions in Controversy Exaggerated Allegations in Matrimonial Disputes Cause Irreparable Suffering, Even Acquittal Can't Erase Scars: Supreme Court Quashes FIR Against Relatives in Matrimonial Dispute Consent Requires Active Deliberation; False Promise of Marriage Must Be Proximate Cause for Sexual Relations: Supreme Court Urgency Clause in Land Acquisition for Yamuna Expressway Upheld: Supreme Court Affirms Public Interest in Integrated Development Interest Rate of 24% Compounded Annually Held Excessive; Adjusted to Ensure Fairness in Loan Transactions: AP HC Prosecution Under IPC After Factories Act Conviction Violates Article 20(2): Bombay High Court Join Our Exclusive Lawyer E News WhatsApp Group! Conversion for Reservation Benefits Is a Fraud on the Constitution: Supreme Court Rejects SC Certificate for Reconverted Christian Patent Office Guidelines Must Be Followed for Consistency in Decisions: Madras High Court Limitation Cannot Obstruct Justice When Parties Consent to Extensions: Madhya Pradesh High Court Additional Fees Are Incentives, Not Penalties: Orissa High Court Upholds Central Motor Vehicles Rules Amendment Interpretation of Tender Eligibility Criteria Lies with Tendering Authority: Gujrat High Court Upholds Discharge of Tender Complaints Were Contradictory and Did Not Establish Prima Facie Case for SC/ST Act Charges: J&K HC Insurance Cover Notes Hold Policy Validity Unless Proven Otherwise: Kerala High Court Upholds Compensation in Fatal Accident Case Article 21 Of Constitution Applies Irrespective Of Nature Of Crime. Prolonged Incarceration Without Trial Amounts To Punishment Without Adjudication: Calcutta HC Concept Of 'Liberal Approach' Cannot Be Used To Jettison The Substantive Law Of Limitation: Delhi High Court Limitation is Not Always a Mixed Question of Fact and Law: Bombay High Court Dismisses 31-Year-Old Specific Performance Suit as Time-Barred

No Evidence, No Ownership: High Court Affirms Common Passage

30 August 2024 3:30 PM

By: sayum


Punjab and Haryana High Court has upheld the concurrent decisions of the Trial Court and the First Appellate Court, confirming that a disputed passage in Palwal is a common passage and not the private property of the appellant. The ruling, delivered by Justice Alka Sarin on August 21, 2024, dismissed the appeal filed by Harender Pal Singh, who claimed ownership of the passage, and reaffirmed the rights of the respondents to use the passage as a common thoroughfare.

The case revolves around a passage situated near Railway Road, Palwal, which was claimed as private property by the appellant, Harender Pal Singh. The plaintiff-respondents, who own property adjoining the passage, filed a suit for mandatory and permanent injunction, asserting that the passage is common and has been used as such by them and others. The dispute dates back to a civil suit decided in 1983, which had already declared the passage to be common. Despite this, the appellant constructed a wall blocking access to the passage, prompting the current litigation.

  1. Previous Litigation and Common Passage Status: The court noted that the previous judgment from 1983, although not binding on the current parties, held significant persuasive value as it addressed the public nature of the disputed passage. The High Court pointed out that the earlier decision established the passage as common, which the appellant failed to refute with credible evidence.

  2. Ownership Claims by Appellant: The appellant's claim that the passage was private property was thoroughly examined and found unsubstantiated. The court remarked that the appellant could not provide any convincing evidence to overturn the established status of the passage as common property. The sale deeds and other documents presented did not support the appellant's claim of exclusive ownership.

  3. Rights of the Respondents: The High Court affirmed that the respondents had the right to open doors and windows onto the common passage, as determined by the previous courts. The Trial Court had already concluded that the passage was not the appellant's private property and that the respondents could freely use it as a common passage.

High Court's decision emphasized the importance of consistent findings from multiple courts. It reinforced the principle that established rights over common property cannot be unilaterally altered by one party without substantial evidence. The court held that the appellant's failure to provide reliable evidence to support his ownership claim meant that the earlier rulings should stand.

Justice Alka Sarin observed, "The findings recorded by both the Courts are unimpeachable. The passage in question, having been previously declared as common, cannot be claimed as private property without substantial and convincing evidence to the contrary."

The dismissal of the appeal by the High Court solidifies the legal standing that the disputed passage is a common passage and not the private property of the appellant. This judgment reaffirms the respondents' rights and underscores the judicial commitment to upholding prior determinations regarding common property. The decision serves as a significant precedent in disputes over common passages and shared property rights.

Date of Decision: August 21, 2024

Harender Pal Singh vs. Siri Chand & Another

Similar News