Amritpal Singh v. Jagraj Singh And ORS

RSA No.4261 of 2013 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.4261 of 2013 (O&M) Date of Decision.08.01.2019 Amritpal Singh ...Appellant Vs Jagraj Singh and others

...Respondents

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Narinder S. Lucky, Advocate for the appellant.

-.- AMIT RAWAL J. (ORAL) C.M. No.11494-C of 2013 For the reasons stated in the application, delay of 14 days in filing of the appeal is condoned.

Application is allowed.

RSA No.4261 of 2013 The appellant-plaintiff has not been successful in claiming declaration being a mortgagee and injunction from forcible interference and dispossession on the premise that defendant was a mortgagee of the property, who had further assigned mortgagee rights vide registered deed dated 19.03.1999. It was alleged that plaintiff was thereafter put into possession and continued to cultivate the land. The defendant did not deny execution of the mortgage deed but gave explanation of his signatures under the influence of liquor. I am afraid aforementioned argument is not sustainable, for, neither the original mortgage deed dated 19.03.1999 nor any reference is reflected in the deed whereby Jargraj Singh derived title of mortgagee for transferring the alleged rights to the plaintiff. Even PANKAJ KUMAR 2019.01.10 10:35 I attest to the accuracy and integrity of this document

RSA No.4261 of 2013 (O&M) -2the jamabandi Ex.PC established possession of Jagraj Singh. In such circumstances, injunction of forcible interference and threat could not have been granted.

In view of the aforementioned facts, concurrent finding of fact rendered by the Courts below suffers from no illegality and perversity, much less, no substantial question of law arises for determination by this Court. No ground for interference is made out. The second appeal is dismissed.

(AMIT RAWAL) JUDGE January 08, 2019 Pankaj* Whether Reasoned/Speaking Yes Whether Reportable No PANKAJ KUMAR 2019.01.10 10:35 I attest to the accuracy and integrity of this document