Municipal Council Narnaul And ANR v. Parmod Kumar And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RSA No.2101 of 2014 (O&M) Date of decision: 21.7.2015 Municipal Council, Narnaul and another ..... Appellants

Versus

Parmod Kumar and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Mahabir Singh Sindhu, Advocate, for the appellants. RAJESH BINDAL, J The defendants are before this Court against the judgment and decree of the learned lower appellate court, whereby the suit filed by the predecessor-in-interest of the respondents was decreed only to the extent that the appellants have been restrained from interfering into his possession, however, ownership of the appellants was established and they were given right to take possession of the suit property from the respondents in due course of law.

It is a suit filed by the predecessor-in-interest of the respondents. Once, the respondents have been established to be in possession and the appellants, who have been declared as owners of the property, have been given right by the learned court below to take possession of the suit property in due course of law, the judgment and decree of the learned lower appellate court cannot be said to be erroneous. No substantial question of law arises.

The appeal is accordingly dismissed. Consequently, the accompanying application is also dismissed.

(RAJESH BINDAL) JUDGE 21.7.2015 sharmila SHARMILA 2015.08.05 17:41 I attest to the accuracy and authenticity of this document.

Chandigarh