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DHANATTAR SINGH versus KESAR SINGH

High Court of Punjab and Haryana, Chandigarh

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Dhanattar Singh v. Kesar Singh - RSA-1529-2004 [2006] RD-P&H 610 (7 February 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Case No. : R.S.A.No.1529 of 2004

Date of Decision : January 24, 2006.

Dhanattar Singh .... Appellant

Vs.

Kesar Singh .... Respondent

Coram : Hon'ble Mr.Justice Viney Mittal.

* * *

Present : Mr.J.C.Nagpal, Advocate

for the appellant.

Mr.Satinder Khanna,Advocate

for the respondent.

JUDGMENT :

The plaintiff having concurrently lost before the two courts below, has approached this Court through the present appeal.

A suit for permanent injunction for restraining the defendants from interfering in the possession of plaintiff, was dismissed by the trial court and his appeal also failed before the learned first appellate court.

Both the courts below have concurrently held that the plaintiff had failed to prove the over all exclusive possession of the suit property.

When the plaintiff has himself claimed that he was only co- sharer along with the defendant, then the appropriate remedy for him is to seek partition of the suit land. Once he has been shown as a co-sharer, his claim has rightly been rejected by the two courts below.

Nothing has been shown that the findings recorded by both the courts below suffer from any infirmity or are contrary to the record.

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

Dismissed.

January 24, 2006 ( VINEY MITTAL )

monika 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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