Punjab-Haryana High Court
Jung Singh Son Of Dalip Singh Son Of Daya ... vs Narinder Singh Son Of Bhinder Singh Son ... on 11 October, 2012
Author: K. Kannan
Bench: K. Kannan
TA No.218 of 2012(O&M) [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA No.218 of 2012(O&M)
Date of Decision: 11.10.2012
Jung Singh son of Dalip Singh son of Daya Singh, resident of
Village Rogla, Tehsil Sunam, Distt. Sangrur.
... Petitioner
Versus
Narinder Singh son of Bhinder Singh son of Dalip Singh
resident of Bald Kalan, Tehsil and Distt. Sangrur and another.
... Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:Mr. AGS Dhillon, Advocate
for the petitioner.
Mr. M.K. Singla, Advocate,
for respondent 1.
None for respondent 2.
*****
1.Whether reporters of local papers may be allowed to
see the judgment? NO
2.To be referred to the reporters or not? NO
3.Whether the judgment should be reported in the
digest? NO
K. KANNAN, J. (Oral)
1. The application for transfer is sought by the petitioner on the ground that he is being threatened in a suit for specific performance on the basis of agreement to sell said to have been executed by him, which the petitioner claims to be not genuine. He states that the cause for the dispute is only that he has shown his affection towards his sister's daughter by transferring the property in her name and the plaintiff in the TA No.218 of 2012(O&M) [2] suit who is respondent causes all types of obstruction. The counsel appearing on behalf of the respondents stoutly denies these allegations and states that the petitioner has engaged the counsel and defending the case and it is false to contend that there is any form of threat by the respondents to the petitioner.
2. I will go by the fact that the parties are of near relations and the petitioner himself is old. I will not lightly brush aside of his own apprehension of safety that he says that the cause of difficulty is that the respondents find the petitioner's loyalty and affection to his niece as a major irritant.
3. I am of the view that the case could be shifted to another Court not to the petitioner's own place of residence but at Sunam where the properties are situated. The proceedings pending between the parties in the Court of Additional Civil Judge (Sr. Divn.), Sangrur is ordered to be withdrawn and transferred to the Court of Additional Civil Judge (Sr. Divn.), Sunam for disposal in accordance with law. The parties shall appear before the Court at Sunam on 03.11.2012.
11th October, 2012 ( K. KANNAN ) Rajan JUDGE