Jarnail Singh v. Harbhajan Singh And ORS
RSA No. 1880 of 2013 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RSA No. 1880 of 2013 (O&M) Date of Decision : 05.10.2015 Jarnail Singh ....Appellant
Versus
Harbhajan Singh and others ....Respondents
CORAM:
HON'BLE MR. JUSTICE SURINDER GUPTA
Present:
Mr. Amit Arora, Advocate for the appellant.
Surinder Gupta, J. (Oral) Heard.
After having lost the suit seeking relief of injunction against Gram Panchayat with regard to property measuring 6 kanals 12 marlas bearing khasra no. 571 situated in village Rahal Chahal, Tehsil Khadoor Sahib, District Tarn Taran, the plaintiffappellant filed the suit against private persons of that village and the revenue officials seeking similar relief of injunction. This fact is not disputed that the suit land belongs to Gram Panchayat and possession was delivered to Gram Panchayat in execution proceedings. Plaintiff-appellant while appearing as PW-1 admitted that Gram Panchayat after taking possession with police help had constructed a building on the suit property. On record defendants had produced copies of judgment dated 27.02.2003 (Ex. D-1), decree-sheet Ex. D-2 and the copies of other civil and revenue proceedings. Learned counsel for the appellant has fairly conceded that the judgment in the suit earlier filed by the plaintiff against Gram Panchayat has since attained finality.
JITENDER KUMAR 2015.10.09 10:10 I attest to the accuracy and integrity of this document
RSA No. 1880 of 2013 -2Keeping in view the fact that Gram Panchayat is owner in possession of the suit property, the claim of plaintiffappellant against private respondents and Government officials, is not maintainable. No reason is made out to interfere with the findings of Courts below holding the plaintiff as not in possession of the suit property.
No question of law, what to talk of substantial question of law requiring determination, arises in this appeal, which has no merit.
Dismissed.
October 05, 2015 ( SURINDER GUPTA ) jk JUDGE JITENDER KUMAR 2015.10.09 10:10 I attest to the accuracy and integrity of this document