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SANTOSH DEVI & ORS versus SHANTI & ORS

High Court of Punjab and Haryana, Chandigarh

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Santosh Devi & Ors v. Shanti & Ors - CR-811-2006 [2006] RD-P&H 448 (31 January 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

****

C.R. No.811 of 2006

Date of Decision:17.2.2006

Santosh Devi and others

Vs.

Shanti and others

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present:- Shri Rajinder Goyal, Advocate for the petitioners.

****

On 10.2.2006, following order was passed by this Court:- "Counsel for the petitioners seeks time to show any evidence that apart from the land, in dispute, the petitioners/ their predecessor-in-interest, namely, Randhir Singh, are entitled to retain any other portion of land out of the joint khewat." Today, counsel for the petitioners has very fairly conceded that in the joint khewat, the petitioners have no interest. In view of fact mentioned above, this Court feels that objection of the petitioners that the possession can be obtained from them only by way of partition is of no help to them. Under these circumstances, observation of the executing Court below that as against the petitioners, delivery of symbolical possession amounts to actual delivery of possession, is perfectly justified. No case is made out for interference.

Dismissed.

February 17, 2006 ( JASBIR SINGH )

renu JUDGE


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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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