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ROMESH KUMAR versus MUNICIPAL CORPORATION, JALANDHAR

High Court of Punjab and Haryana, Chandigarh

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Romesh Kumar v. Municipal Corporation, Jalandhar - RSA-3922-2006 [2006] RD-P&H 11419 (28 November 2006)

R.S.A.No.3922 of 2006(O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

R.S.A.No.3922 of 2006(O&M)

Date of decision : 27.11.2006

Romesh Kumar .....Appellant

versus

Municipal Corporation, Jalandhar .....Respondent CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA.
Present : Mr.Gurmeet Singh, Advocate for the appellant.

-.-

ORDER

HEMANT GUPTA, J. (oral)

C.M.No.10076-C of 2006

For the reasons mentioned in the application, the delay of 144 days in filing the appeal is condoned, subject to all just exceptions.

R.S.A.No.3922 of 2006.

The plaintiffs is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby his suit for permanent injunction restraining the defendant from recovering the house tax in respect of the property Unit No.BIX/2-2762/B/1, was dismissed.

It is the case of the plaintiff that on account of family partition, the property could not be assessed in his hands and, therefore, the assessment of the house tax is not justified. However, it is found that the recovery of the house tax pertains to the period prior to the family settlement recognized by the Civil Court judgment dated 24.1.1994 and, therefore, the suit for injunction before the Civil Court is not maintainable.

R.S.A.No.3922 of 2006(O&M) {2}

The reasoning given by the Courts below cannot be said to be suffering from any patent illegality or irregularity which may raise any substantial question of law in the second appeal for consideration of this Court.

Dismissed in limine.

27.11.2006 (HEMANT GUPTA)

*mohinder JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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