High Court of Punjab and Haryana, Chandigarh
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Turat Nath Chella Kashmir Nath v. Sabira & Ors - CR-1424-2006  RD-P&H 1350 (2 March 2006)
Civil Revision No.1424 of 2006
Date of Decision: 10.03.2006
Turat Nath Chella Kashmir Nath
Sabira and others
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 It has been noticed by the Courts below that earlier also, he filed a suit for injunction, which was dismissed as withdrawn, without any liberty to file a fresh one.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 )
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