Dewan Brijendra Kumar v. Dewan Gajendra Kumar & ORS

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH RSA No.3846 of 2014 (O&M) Date of Decision.12.12.2016 Dewan Brijendra Kumar .......Appellant Vs Dewan Gajendra Kumar and others ........Respondents

Present:

Mr. Pritam Saini, Advocate for the appellant.

Mr. V.K. Jindal, Senior Advocate with Mr. Akshay Jindal, Advocate for the applicants-respondents.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) Mr. Pritam Saini, learned counsel appearing for the nonapplicant/appellant in response to the application bearing No.14425-C of 2016 submits that as per the Award dated 17.03.1985, the appellant never approached the applicants-respondents to get the lease deed executed. The applicant is stated to be expired on 01.09.2016 and in view of the death of the non-applicant/plaintiff, the personal relief qua possessory right on the basis of Award no longer survives.

The averment made in the application is found to be justified as the suit in view of the terms and conditions of the Award has become abated. No cause of action survives.

I do not intend to differ with the concurrent finding of fact in view of the supervening and subsequent events. Accordingly, the second appeal is dismissed.

(AMIT RAWAL) JUDGE December 12, 2016 Pankaj* Whether speaking/reasoned Yes PANKAJ KUMAR 2016.12.15 12:49 I attest to the accuracy and integrity of this document Whether reportable No