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2015 (1) TMI 1408 - SC - Indian LawsPossession of property - Restrain from interfering in possession of the premises in occupation - defendant denied the title and possession of the Plaintiff over land in suit - Relief of permanent prohibitory injunction in respect of the land - Held that:- The argument of defendant cannot be agreed, for the reason that had it been a case of mandatory injunction requiring restoration of possession of land to the Plaintiff or demolition of the construction raised by the Defendants, what the Defendants have pleaded before us, could have been accepted but the present suit is for the relief of permanent prohibitory injunction in respect of the land which is described with boundaries and its municipal number. Therefore, it cannot be said that the decree passed by the trial court is un-executable. Advocate Commissioner's report, in the present case, is against the weight of the oral and documentary evidence on record which sufficiently proves that Plaintiff was in possession over plot No. 358, and for several years he was paying the house tax as was found by the trial court on the basis of house tax receipts and extracts of house tax Assessment Register. It is not disputed that plot No. 357 belonging to the Defendants was in south of plot No. 358, and house of the Defendants was situated over their plot. The trial court has decreed the suit only in respect of plot No. 358. The decree passed by the trial court is restored - appeal dismissed.
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