Birbal v. State Of Haryana And Another

RSA No.1046 of 2017 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1046 of 2017 (O&M) Date of Decision.07.02.2019 Birbal ...Appellant Vs State of Haryana and another

...Respondents

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. S.S. Sahu, Advocate for the appellant.

-.- AMIT RAWAL J. (ORAL) Notice of motion.

Mr. Rohit Arya, AAG, Haryana accepts notice on behalf of the respondents.

The present regular second appeal is directed against the concurrent finding of fact whereby suit of injunction in respect of land measuring 6 kanals 19 marals comprised in khasra Nos.32//19(311) & 20 (3-8), has been dismissed by both the Courts below. It was averred that order of ejectment passed against the plaintiff reached to this Court by way of writ petition and the matter has been remitted. In such circumstances, plaintiff cannot be dispossessed except in due course of law. The order of ejectment against 14 persons including plaintiff would not be applicable. Ejectment proceedings under Section 7 of the Punjab Village Common Lands Act are still stated to be pending. In view of the statement made by Mr. Sahu, I am of the view that in case the proceedings are pending and not culminated into finality, the appellant cannot be dispossessed except in due course of PANKAJ KUMAR 2019.02.15 14:30 I attest to the accuracy and integrity of this document

RSA No.1046 of 2017 (O&M) -2law.

With aforementioned observations, the appeal stands disposed of.

(AMIT RAWAL) JUDGE February 07, 2019 Pankaj* Whether Reasoned/Speaking Yes Whether Reportable No PANKAJ KUMAR 2019.02.15 14:30 I attest to the accuracy and integrity of this document