P&H: Dismisses second appeal in injunction suit, says plaintiffs failed to prove possession**

punjab-haryana
⚖️ Order Date: 23 Sep 2026
Headnotes

(i) Specific Relief Act, 1963, S. 34 — Suit for permanent injunction — Proof of possession — Plaintiff must establish his own lawful possession and cannot succeed merely by pointing to deficiencies in the defendants’ case. (Para 15)

(ii) Registration Act, 1908, Section 49, Proviso — Interpretation of — An unregistered document may be received in evidence for a collateral transaction, but a collateral purpose cannot be used to establish the very transaction, or right which the law requires to be evidenced by...

 


Facts of the Case

P&H: Dismisses second appeal in injunction suit, says plaintiffs failed to prove possession**

The Punjab and Haryana High Court has dismissed a regular second appeal filed by Saroj and others in a dispute over a residential plot in Village Palra, Sonipat. The plaintiffs had sought a permanent injunction, claiming they were in possession of the property through a mortgage arrangement allegedly executed in favour of their predecessor.

According to the plaintiffs, one Nandu claimed ownership and possession of the plot and mortgaged it with possession to Prem Singh in 2005 for ₹55,000. They said Prem Singh remained in possession until his death in 2012, after which they continued in possession. They approached the...

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