High Court of Punjab and Haryana, Chandigarh
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Nishan Singh v. Sampuran Singh & Ors - CR-872-2006  RD-P&H 525 (2 February 2006)
Civil Revision No.872 of 2006
Date of Decision: 16.02.2006
Sampuran Singh and others
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri Rajesh Chaudhary, Advocate for the petitioner JUDGMENT
Vide order, under challenge, objection application of the petitioner, in pending execution, was dismissed. It has been noticed by the Court below that concerted efforts have been made by the petitioner and his close relatives, to defeat right of the decree holder. It is apparent from the records that initially, objection application was moved by Raj Kumar, by claiming that one Mohar Singh, brother of Kashmir Singh, was in possession of the property, in dispute. That application was dismissed and he lost upto this Court. Thereafter, Sewa Singh, who is closely related to the petitioner, filed objection application, which also met the same fate.
the petitioner filed another objection application. This Court feels that the modus operandi, adopted by the petitioner, deserves deprecation and as such, he is not entitled to any relief. Court below has also noticed that the petitioner has failed to show as to how he has entered in possession of the property, in dispute. He has failed to show any receipt of payment of batai, no rate of rent was mentioned in the Jamabandi. Under these circumstances, Court below was justified to say that the petitioner has failed to prove his claim. In view of reasons given by the executing Court in paragraph Nos.6 and 7 of the order, under challenge, no case is made out for interference.
February 16, 2006 ( Jasbir Singh )
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