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Amita Saraswat (Smt.) vs. Anil Bhardwaj & Ors.

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Permanent Injunction–Simplicitor suit–Maintainability–As per the oral and documentary evidence as well as the cross-examination of DW-1, the plaintiff was the owner of the property and he was in possession de facto as also de jure–These findings were affirmed by the first appellate Court–Without a challenge to the above concurrent findings of facts, contention of defendant that in absence of possession, the suit simplicitor for injunction was not maintainable, cannot be countenanced.