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1. Scrutiny of Revenue Records (Jamabandi and Mutation)
Before initiating a land dispute in Haryana, securing certified copies of revenue records is mandatory. This includes the Jamabandi (Record of Rights), Aks Shajra (field map), and Intkal (mutation records) from the Halqa Patwari or Tehsil office. Revenue entries carry a presumption of truth under Section 44 of the Punjab Land Revenue Act, though this presumption is rebuttable in civil courts.
2. Establishing Title vs. Mere Possession
A suit for possession without establishing prior title or illegal dispossession is susceptible to challenge. Litigants must identify whether the appropriate remedy is a suit for declaration of title with consequential injunction, a partition suit, or a suit for restoration of possession.
3. Interim Protection (Temporary Injunction)
To prevent alienation or change in the nature of the suit property during the pendency of litigation, an application under Order XXXIX Rules 1 & 2 CPC for temporary injunction is filed. The applicant must establish a prima facie case, balance of convenience, and irreparable injury.
4. Limitation Period Considerations
The Limitation Act, 1963 prescribes strict timelines—such as 3 years for cancellation of an instrument, 12 years for recovery of possession based on title, and 3 years for specific performance from the date fixed for performance.