Punjab-Haryana High Court
P.C. Vaid vs Jalandhar Improvement Trust on 6 October, 2010
Author: Hemant Gupta
Bench: Hemant Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No. 4067 of 2008
Date of decision:- 6.10.2010
P.C. Vaid ......Appellant
vs.
Jalandhar Improvement Trust ......respondent
CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA
Present: - Mr. Vijay Lath, Advocate and
Mr. Naveen Sharma, Advocate
for the appellant
HEMANT GUPTA, J (ORAL)
Plaintiff is in second appeal aggrieved against a judgment and decree dated 10.12.2005 passed by the trial Court and affirmed by the Lower Appellate Court on 11.8.2008 whereby the suit for permanent injunction restraining the defendant, its agents, attorneys, servants etc., from interfering into the peaceful possession of the plaintiff from Booth No. 1 situated within Development Scheme of 26.8 Acres, Shaheed Bhagat Singh Nagar, Jalandhar was dismissed.
Booth No. 1 allotted to the plaintiff was resumed on 29.6.1984. The amount deposited was forfeited and proceedings were initiated to remove the unauthorized occupation of the plaintiff. Both the Courts have dismissed the suit holding that after resumption, the plaintiff cannot protect his possession. It may be noticed that there is no challenge to the order of resumption in these proceedings nor such challenge could be entertained after more than 18 years in a suit, filed in December 2002.
I do not find any substantial question of law arising for consideration in the present Regular Second Appeal.
Hence, the same is dismissed.
(HEMANT GUPTA) JUDGE 6.10.2010 preeti