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High Court of Punjab and HaryanaCR/2725/2015dismissed

Saroj Bala And ORS v. Rajesh Kumar

2015-04-24Mr. Justice Harbans Singh Rai1 pages

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No.2725 of 2015 Date of Decision.24.04.2015 Saroj Bala and others .......Petitioners

Versus

Rajesh Kumar Kashyap ......Respondent

Present:

Mr. Rahul Rampal, Advocate for the petitioners.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 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? -.- K. KANNAN J. (ORAL) 1.

The petitioner cannot be permitted to bring a statement that the landlord ceased to be the owner of the property. The plea of jus tertii is possible only in case of ejectment by paramount landlord. So far as the Government had not taken action for ejectment, a tenant under particular landlord cannot plead that the landlord has lost title to the property. The plea by way of amendment is impermissible and if it was denied by the court below, I find no justification for modification of the same.

2.

The civil revision is dismissed.

(K. KANNAN) JUDGE April 24, 2015 Pankaj* PANKAJ KUMAR 2015.04.29 09:55 I attest to the accuracy and integrity of this document