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TURAT NATH CHELLA KASHMIR NATH versus SABIRA & ORS

High Court of Punjab and Haryana, Chandigarh

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Turat Nath Chella Kashmir Nath v. Sabira & Ors - CR-1424-2006 [2006] RD-P&H 1350 (2 March 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Revision No.1424 of 2006

Date of Decision: 10.03.2006

Parties Name

Turat Nath Chella Kashmir Nath

Petitioner

versus

Sabira and others

Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri Raj Kumar Rana, Advocate for the petitioner JUDGMENT

Petitioner filed a suit for permanent injunction. In that suit, he also moved an application for interim injunction, which was dismissed. He also failed in appeal. It has been noticed by the Courts below that earlier also, he filed a suit for injunction, which was dismissed as withdrawn, without any liberty to file a fresh one. Without disclosing that fact, he filed the present suit. It has also come on record that in Jamabandi, nature of land has been shown as Gair Mumkin Kabristan. Merely because, entries regarding some subsequent khsra girdawaris have been changed, in the name of the petitioner, it does not mean that the land ceased to be a Kabristan. In view of conduct of the petitioner, in not disclosing, filing and withdrawal of earlier suit, in his plaint, this Court feels that he has dis- entitled himself to get any relief. In view of this, reliance of counsel for the petitioner, on ratio of judgments in Punjab Wakf Board, Ambala Cantt. v.

Civil Revision No.1424 of 2006 -2

Chhotta Singh and ors., 1993(2) Recent Revenue Reports 265 and Rame Gowda (D) by Lrs. v. Mr.Varadappa Naidu (D) by Lrs. and anr., 2004 (1) S.C.C. 769, is of no help to him. Dismissed.

March 10, 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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