Punjab-Haryana High Court
Baldev Raj Through Lrs Ashwani Kumar & ... vs Sanwar Singh & Ors on 15 January, 2018
Author: Amit Rawal
Bench: Amit Rawal
RSA No.2576 of 2015 (O&M) {1}
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
RSA No.2576 of 2015 (O&M)
Date of decision:15.01.2018
Baldev Raj (since deceased) through LRs ... Appellant
Vs.
Sanwar Singh and others ... Respondents
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present:- Mr. Vishal Munjal, Advocate
for the appellant.
AMIT RAWAL J. (Oral)
C.M.No.6657-C of 2015 For the reasons stated in the application which is duly supported by an affidavit, delay of 13 days in re-filing the appeal, is condoned.
CM stands disposed of.
RSA No.2576 of 2015 (O&M) The appellant-plaintiff is in Regular Second Appeal against the rejection of relief qua injunction sought in respect of land situated in village Dalpat Taraf Narot Jaimal Singh.
Mr. Vishal Munjal, learned counsel for the appellant-plaintiff submitted that the suit seeking following prayer, i.e., in respect of land situated in two villages, was filed:-
"Suit for permanent injunction restraining the defendants from in any manner interfering in the land bearing khewat no.109, 1 of 3 ::: Downloaded on - 05-02-2018 07:40:05 ::: RSA No.2576 of 2015 (O&M) {2} khatauni no.313, khasra no.10R/20, 21, measuring 5 kanals 15 marlas, situated in village Siunti Taraf Narot Jaimal Singh, HB No.78, Tehsil Pathankot, District Gurdaspur and part of land bearing khewat no.211, khatuni no.406, khasra no.72R, to the extent of portion marked as ABCDHIG shown in red colour in the annexed site plan, situated at village Dalpat Taraf Narot Jaimal Singh HB no.79, Tehsil Pathankot, District Gurdaspur."
The trial Court on the preponderance of oral and documentary evidence partly decreed the suit restraining the defendants from interfering in land measuring 5 kanals 15 marlas falling in khasra no.10R/20, 21 marked as BEFCHJKLMI in the site plan, situated in village Siunti Taraf Narot Jaimal Singh, H.B.No.78, Tehsil Pathankot, District Gurdaspur and rejected the relief in respect of other land. Having taken the matter before the Lower Appellate Court, it has also met with the same fate.
He further submitted that the respondent-defendants relied upon the jamabandi to show that appellant-plaintiff was not proprietor in the village, whereas, the jamabandi has not been brought on record but now is in possession of the appellant-plaintiff, which ex facie proves that appellant- plaintiff is a proprietor in the village and if granted liberty to prove the jamabandi on record, perhaps the findings arrived at vis-a-vis other land would not be there.
I have heard learned counsel for the appellant-plaintiff, appraised the paper book and of the view that nature of the suit 2 of 3 ::: Downloaded on - 05-02-2018 07:40:06 ::: RSA No.2576 of 2015 (O&M) {3} aforementioned was simpliciter for injunction. The injunction is preceded by long and settled possession. This is what has been observed by the Hon'ble Supreme Court in Rame Gowda (D) by LRs vs. Mr. Varadappa Naidu (D) by LRs and another 2004(1) SCC 769. On the preponderance of the evidence, appellant-plaintiff has been able to establish the ingredients as referred to, ibid and was successful in seeking injunction with regard to land measuring 5 kanals 15 marlas in view of direct and cogent evidence. The list of proprietors would have been clincher to prove the possession, much less, some kind of right in the property would have enable to succeed in seeking injunction in respect of other piece of land for which as noticed above, injunction has been rejected.
In view of the aforementioned observations, I am of the view that both the Courts below have not committed any illegality and perversity in partly decreeing the suit vis-a-vis land and even from the memorandum of appeal substantial questions of law as sought to be projected is not made out.
No ground is made out for interference in the concurrent findings of fact.
Resultantly, the appeal stands dismissed.
(AMIT RAWAL)
JUDGE
January 15, 2018
savita
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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