Punjab-Haryana High Court
Shrimati Harbans Kaur vs Shrimati Pritam Kaur And Others on 18 April, 2012
Author: M.M.S. Bedi
Bench: M.M.S. Bedi
RSA No.203 of 1990 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.203 of 1990 (O&M)
Date of Decision: 18.4.2012
Shrimati Harbans Kaur
....Appellant.
Vs.
Shrimati Pritam Kaur and others
..Respondents.
CORAM: HON'BLE MR.JUSTICE M.M.S. BEDI
Present : None for the appellant.
Mr. B.S.Mittal, Advocate for
Mr. R.D.Bawa, Advocate for the respondents.
***
M.M.S.BEDI, J.(Oral)
Defendant Harbans Kaur has preferred the second appeal aggrieved by the judgment and decree passed in favour of Pritam Kaur plaintiff-respondent decreeing the suit for permanent injunction restraining the appellants from interferring in the possession of plaintiff-respondent in the building mentioned in the heading of the plaint and shown in site plan Ex.P1. Since a concurrent finding of fact has been arrived at by both the Courts below that the plaintiff-respondent being in possession of property in dispute and there being no other gate available for user of the plaintiff and defendant-appellant in the house in dispute, the plaintiff being owner has got a right to use the passage in dispute and entitled to remain in possession, RSA No.203 of 1990 -2- can not be set aside in the second appeal.
No substantial question of law is involved in the appeal. It is pertinent to mention that the appeal was ordered to be heard after decision of RSA No.3356 of 1987 which has been dismissed by Jitender Chauhan, J. vide order dated 29.4.2011. Copy of the judgment has been placed on record.
Dismissed.
( M.M.S.Bedi ) 18.4.2012 Judge Meenu