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SMT. MOHAN DEVI & ORS versus RAM KISHAN & ORS

High Court of Punjab and Haryana, Chandigarh

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Smt. Mohan Devi & Ors v. Ram Kishan & Ors - RSA-2529-2004 [2006] RD-P&H 2038 (27 March 2006)

R.S.A. No. 2529 of 2004 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

R.S.A. No. 2529 of 2004

Date of Decision: March 21, 2006

Smt. Mohan Devi and others

.....Appellants

Vs.

Ram Kishan and others

.....Respondents

CORAM: HON'BLE MR. JUSTICE VINEY MITTAL.
Present:- Mr. Sudhir Aggarwal, Advocate

for the appellants.

Mr. R.C. Chauhan, Advocate

for respondents No.1 to 21 and 33 to 35.

-.-

VINEY MITTAL, J. (ORAL)

The plaintiffs have lost before the learned first Appellate Court.

They claimed a declaration that they are the owners in possession of the agricultural land having purchased the occupancy rights from the original owners as well as Ram Jiwan.

The factum of the plaintiffs having acquired the occupancy rights qua Ram Jiwan was denied by the defendants.

The trial Court decreed the suit filed by the plaintiff. The defendants took up the matter in appeal. The learned first Appellate Court noticed it as a fact that Ram Jiwan had at no point of time ever executed a sale deed qua his rights in R.S.A. No. 2529 of 2004 [2]

the suit property. In these circumstances, it was held that after the death of Ram Jiwan, mutation qua his estate had been entered rightly in favour of his heirs and the plaintiffs had no right to challenge the aforesaid mutation nor claim any right in the said property. Consequently, the appeal of the defendants was allowed and the suit filed by the plaintiffs was dismissed.

Nothing has been shown that the findings recorded by the learned first Appellate Court suffer from any infirmity or are contrary to record.

No question of law, much less any substantial question of law, arises in the present appeal.

Dismissed.

March 21, 2006 (VINEY MITTAL)

sanjay 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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