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JAGTAR SINGH & ORS versus SOHAN SINGH & ORS

High Court of Punjab and Haryana, Chandigarh

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Jagtar Singh & Ors v. Sohan Singh & Ors - CR-1260-2006 [2006] RD-P&H 1397 (3 March 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR 1260 of 2006

Date of decision 8.3.2006

Jagtar Singh and others .. petitioner

Versus

Sohan Singh and others .. Respondent

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
PRESENT: Mr. Padam Jain , Advocate for the petitioner M.M.Kumar, J.

Both the Courts below have prima facie found that defendant- respondent is owner of the property. However, the plaintiff- petitioners have filed a suit for declaration claiming themselves to be the owner in possession of the suit property. They have also prayed for injunction that they should not be dispossessed without the due process of law. Both the Courts below have found that no injunction against a true owner can be issued and in that regard reliance has been placed on a judgement of the Supreme Court in the case of Sri Hanumanthappa v. Sri Muninaraayanapra 1997(1) CCC 90 which is to the effect that no injunction can be issued against lawful owner of the property. The plaintiff- petitioners have admittedly placed reliance on an oral agreement of sale which has neither been substantiated either by payment of any earnest money or by any other document. Therefore, I do not find any ground to interfere with the order passed by both the Courts below. The discretion has been exercised on relevant considerations and it CR 1260 of 2006 .2.

cannot be concluded that any manifest injustice has been caused to the petitioner.

Therefore, no interference under Article 227 of the Constitution is called for. Dismissed.

(M.M.Kumar)

8.3.2006 Judge

okg


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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