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SATISH KUMAR & ORS versus GRAM PANCHAYAT, KABRI & ORS

High Court of Punjab and Haryana, Chandigarh

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Satish Kumar & Ors v. Gram Panchayat, Kabri & Ors - RSA-2781-2002 [2006] RD-P&H 729 (14 February 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Case No. : R.S.A.No.2781 of 2002

Date of Decision : February 02, 2006.

Satish Kumar and others .... Appellants

Vs.

Gram Panchayat, Kabri and others .... Respondents Coram : Hon'ble Mr.Justice Viney Mittal.

* * *

Present : Mr.S.K.S.Bedi, Advocate

for the appellants.

JUDGMENT :

A suit filed by the plaintiffs for permanent injunction was decreed by the learned trial court and it was directed that they shall not be dispossessed from the suit property except in due course of law. The appeal filed by the defendants also failed before the learned first appellate court and similar relief was granted by the said court.

The only argument raised by the learned counsel for the appellants is that the findings recorded by the two courts below, on question of title are wholly irrelevant and could not be recorded by the two courts below.

I am afraid that the said contention of the learned counsel is without any basis. Once the plaintiff chose to raise a question of title, then the said question was bound to be decided by the trial court as well as the trial court.

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.

February 02, 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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