Punjab-Haryana High Court
Ved Parkash vs Pappu @ Babu Lal & Ors on 9 September, 2009
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYANA AT CHANDIGARH.
C.R. No. 6406 of 2008. [O&M]
Date of Decision: 9th September, 2009.
Ved Parkash Petitioner
through
Mr. G.C.Shahpuri, Advocate
Versus
Pappu @ Babu Lal & Ors. Respondents
through Mr. Lokesh Sinhal, Advocate.
CORAM:
HON'BLE MR. JUSTICE SURYA KANT.
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
SURYA KANT, J. [ORAL) The petitioner - plaintiff is aggrieved at the orders dated 31.01.2008 passed by the Civil Judge [Junior Division], Faridabad whereby his application under Order 39 Rules 1 and 2 read with Section 151 CPC has been dismissed and that has been upheld by the District Judge, Faridabad, vide his order dated 23.10.2008.
The petitioner - plaintiff has filed a suit for permanent injunction against the respondents, claiming himself to be in possession of the shop in dispute, situated in Ballabgarh, District Faridabad. The petitioner has, however, not disclosed as to in what capacity he is in possession of the shop in dispute? The respondents, on the other hand, have taken a plea that the petitioner was a licensee only and is not entitled to any injunction after termination of his license.
C.R. No.6406 of 2008 (O&M) :{ 2 }:
The petitioner appears to be struggling between two conflicting stands, namely, his claim based upon the adverse possession on one hand and the denial of title of the respondents on the other hand.
Be that as it may, the petitioner does not claim any specific title qua the subject-property though he is admittedly in possession thereof. In these circumstances, the plaintiff's possession can be protected till the pendency of the suit provided that he deposits mesne profits/user charges so that the real owner is not deprived of his legitimate claim.
The revision petition is accordingly allowed and the impugned orders are set aside, subject to the condition that the petitioner shall deposit mesne profits @ Rs.2000/- per month w.e.f. August, 2007, i.e., when the suit was filed and shall keep on depositing the same with the trial court during the pendency of the suit. The arrears of mesne profits shall be deposited by the petitioner within two months from the date of receipt of certified copy of this order. The trial Court shall release the arrears of mesne profits in favour of the party found to be owner and/or entitled to receive the same as per as per law.
An effort shall be made by the trial Court to dispose of the civil suit expeditiously and as early as possible.
Disposed of. Dasti.
September 09, 2009. ( SURYA KANT ) dinesh JUDGE