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DEV KARAN & ORS versus VED KUMARI & ORS

High Court of Punjab and Haryana, Chandigarh

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Dev Karan & Ors v. Ved Kumari & Ors - RSA-844-2006 [2006] RD-P&H 1160 (27 February 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA No.844 of 2006

Date of Decision: 2.03.2006

Parties Name

Dev Karan and others

Appellants

versus

Ved Kumari and others

Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri Sandeep Kotla, Advocate for the appellants JUDGMENT

Respondent No.1-plaintiff filed a suit for mandatory and permanent injunction with a prayer that the appellants-defendants be asked to vacate the plot, in dispute and also not to raise any construction thereon.

Suit was decreed. Appellants failed in appeal. Both the Courts below have found it as a matter of fact that respondent No.1 was owner of the property, in dispute. It has been said so, on the basis of sale deeds Ex.P1, Ex.P2 and Ex.P3. Defence of the appellants, that they had become owner on the basis of adverse possession, was negated on the ground that they have failed to prove the same. As per evidence on record, the appellants were not successful to prove that, to claim ownership, they remained in possession of the property, in dispute, for sufficient number of years, as is necessary under law. In view of findings of fact given by the appellate Court below in paragraph Nos.14 to 16, no case is made out for interference, as counsel has failed to raise any substantial question of law at the time of arguments.

Dismissed.

March 02, 2006 ( Jasbir Singh )

gk 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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