Over 2 lakh Indian cases. Search powered by Google!

Case Details

AMAR NATH versus BIRBAL DASS & ORS

High Court of Punjab and Haryana, Chandigarh

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Amar Nath v. Birbal Dass & Ors - RSA-3442-2006 [2006] RD-P&H 6232 (31 August 2006)

RSA 3442 of 2006 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA 3442 of 2006

Date of Decision: 12.9.2006

Amar Nath ...Appellant

Versus

Birbal Dass and others ....Respondents

Coram: Hon'ble Mr. Justice Hemant Gupta.

Present: Shri Amar Vivek, Advocate, for the appellant.

JUDGMENT

The defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby suit for permanent injunction filed by the plaintiff-respondents was decreed, holding the plaintiffs to be in possession of suit land on the basis of sale deed dated 23.5.1991.

Learned counsel for the appellant has submitted that he is not challenging the decree for injunction granted by the Courts below, but his grievance is in respect of the finding recorded regarding the sale deed dated 19.4.1990 Exhibit D.1. It is pointed out that the appellant has filed a separate title suit, which is pending consideration and, therefore, the said finding arrived at without any issue will foreclose the claim of the appellant in the said suit.

I do not find any merit in the said argument. Since the present suit is only for injunction, any finding recorded in respect of the sale deed dated 19.4.1990, Exhibit D.1 is only for the purposes of determining the question of injunction and, therefore, the said finding will not foreclose the RSA 3442 of 2006 (2)

claim of the appellant in his title suit. Therefore, the apprehension expressed by the learned counsel for the appellant is not sustainable.

With the above observation, the present appeal stands disposed of.

12-09-2006 (HEMANT GUPTA)

ds 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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.