Over 2 lakh Indian cases. Search powered by Google!

Case Details

MAHINDER KUMAR versus DAULATG SINGH & ORS

High Court of Punjab and Haryana, Chandigarh

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Mahinder Kumar v. Daulatg Singh & Ors - CR-1567-2006 [2006] RD-P&H 2339 (16 April 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CIVIL REVISION NO. 1567 of 2006 (O&M)

DATE OF DECISION: March 21, 2006.

Parties Name

Mahinder Kumar

..PETITIONER

VERSUS

Daulatg Singh and others

...RESPONDENT

CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. Harsh Aggarwal,

Advocate, for the petitioner.

JUDGMENT:

Respondent No. 1 filed a suit for permanent injunction against respondents No. 2 and 3. In that suit, he also filed an application for interim injunction, which was dismissed. However, he succeeded in appeal. Records reveal that the trial Court has declined interim relief to the respondents primarily on the ground that they have suppressed factum of award, passed by the Lok Adalat, on the basis of a compromise between the parties. Appellate Court below has rightly held that in fact no such award was passed. Rather the suit was dismissed as withdrawn.

To grant injunction in favour of the respondents, appellate Court below has placed reliance upon entries made in the Jamabandi and Khasra Girdawaris. Change of entries in Khasra Girdawari, which was effected during pendency of the trial, was rightly discarded by the Court below by stating that there existed presumption of continuity of possession in favour of the respondents, as the opposite party has failed to show as to how they were dispossessed from the suit land. Order passed by the appellate Court below is perfectly justified. No case is made out for interference. Dismissed.

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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.