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High Court of Punjab and HaryanaCR/3106/2024dismissed

Surjit Kaur v. Kirpal Singh Alias Karam Singh

2024-10-23Mr. Justice Deepak Gupta2 pages

S. No.121

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CR No.3106 of 2024 Date of Decision:23.10.2024 Surjit Kaur .....Pe**oner Vs.

Kirpal Singh @ Karam Singh .....Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. G.S. Kuka, Advocate for the peoner.

**** DEEPAK GUPTA, J. (Oral) During pendency of the Civil Suit bearing CIS No.CS/679/2023 tled as "Surjit Kaur Vs. Kirpal Singh alias Karam Singh", an applicaon under Order 39 Rules 1 and 2 CPC was moved by the plainff- Surjit Kaur (peoner herein) which was dismissed by the trial Court vide order dated 21.08.2023. Said order has been affirmed by the Appellate Authority vide order dated 05.04.2024 (Annexure P.3). 2.

Assailing the afore-said finding, it is contended by learned counsel that the peoner is in possession of the disputed shop and that she had even deposited the electricity bill.

3.

However, learned counsel for the peoner failed to convince this Court regarding the possession of the peoner as he failed to point out towards any document to indicate the possession of the peoner. As has been observed by the Courts below, that it is the sister of the peoner who was in possession of the disputed shop. Earlier, the father of the plainff was in possession, who had executed a Will dated 25.06.2020 in favour of Harjit Kaur i.e. the sister of plainff. The plainff was disinherited by her father as she had performed marriage against his wishes. Later on, the shop was returned by sister of the peoner to the owner Thakur Dwara Gaddi Bawa Lal Ji vide affidavit dated 20.08.2021. The owner subsequently rented out the shop to the defendant @1,000/- per month and thus, it is now the RENU 2024.10.24 18:02 I attest to the accuracy and integrity of this document Chandigarh

CR No.3106 of 2024 -2defendant, who is in possession of the shop since 20.08.2021 onwards as authorised tenant.

4.

No illegality or perversity could be pointed out in the impugned orders. As such finding no merit in the present peon, the same is hereby dismissed. October 23, 2024 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2024.10.24 18:02 I attest to the accuracy and integrity of this document Chandigarh