(O&M) Dhanwanti Etc. v. Om Parkash Etc.

RSA-1688-1990 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RSA-1688-1990 (O&M) Date of decision : 12.01.2018 Smt. Dhanwanti (deceased) through her LRs and another ... Appellant(s)

Versus

Om Parkash and others ... Respondent(s)

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Vinay Kumar Mahajan, Advocate for the appellant(s).

None for the respondent(s).

**** AMIT RAWAL, J. (ORAL) The appellant(s)-plaintiff(s) are aggrieved of the concurrent findings of fact, whereby the suit of the appellant(s)-plaintiff(s) seeking protection from the Court with regard to the forcible dispossession and interference at the hands of the respondent(s)-defendant(s), of whom, they were tenants, had been dismissed by the Courts below on the ground that the appellant(s)-plaintiff(s) have not been able to prove that they are direct tenants under the defendant(s), whereas the ejectment proceedings placed on record on behalf of the defendant(s) showed that the rent note was executed by one Dhalu Ram in favour of Ram Krishan Dass, who was the father of defendant(s), therefore, ejectment order, copy of which is Ex.P-20, was held to be binding upon the plaintiff(s). Learned counsel for the appellant(s) submits that despite having written number of letters to his clients, they have not contacted. Yogesh Sharma 2018.01.16 10:27 I attest to the accuracy and integrity of this document

RSA-1688-1990 (O&M) The appeal is of the year 1990. Though both the Courts below had not granted any injunction, but this Court on 18.08.1990 while admitting the appeal had stayed the dispossession. It is not discernible as to whether the appellant(s)-plaintiff(s) are in possession or had already surrendered the possession, much less, the defendant(s) have taken the possession.

Dismissed for non-prosecution.

However, liberty is granted to the appellant(s)-plaintiff(s) to revive the present appeal in case something survives. ( AMIT RAWAL) JUDGE 12.01.2018 Yogesh Sharma Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No Yogesh Sharma 2018.01.16 10:27 I attest to the accuracy and integrity of this document