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GIAN CHAND JAIN versus ARJAN SINGH & ORS

High Court of Punjab and Haryana, Chandigarh

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Gian Chand Jain v. Arjan Singh & Ors - RSA-2549-2003 [2006] RD-P&H 1629 (10 March 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

REGULAR SECOND APPEAL NO. 2549 of 2003

DATE OF DECISION: March 21, 2006.

Parties Name

Gian Chand Jain

...APPELLANT

VERSUS

Arjan Singh and others

...RESPONDENT

CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. Amarjit Markan,Advocate, for the appellant.

JUDGMENT:

Appellant- plaintiff filed a suit for permanent injunction with a prayer that the respondents be restrained from alienating the property and also raising any construction thereon, detail of which was given in his plaint. His suit was dismissed. He also failed in appeal. In view of findings given by the appellate Court below in paras No. 8 to 10 of the judgment, no case is made out for interference on merits. An attempt has been made to show to this Court that on the basis of document Ex. A1, dated July 22, 1980, wherein it has been admitted that the property measuring 11 Kanals 7 Marlas was sold to the appellant, he was entitled to grant of injunction regarding that parcel of land. This Court feels that the argument raised is devoid of any force. At no point of time, on the basis of alleged sale in favour of the appellant, possession was delivered to him. As such he was rightly held not entitled to grant of injunction. Dismissed. However, liberty is granted to the appellant to settle his dispute with the Government on the basis of letter Annexurte A-1, as per law, if he is entitled to do so.

March 21, 2006. ( Jasbir Singh )

DKC 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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