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MUKAND SINGH versus PHINA SINGH

High Court of Punjab and Haryana, Chandigarh

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Mukand Singh v. Phina Singh - RSA-2833-2003 [2007] RD-P&H 642 (19 January 2007)

IN THE HIGH COURT OF PUNJAB & HARYAN AT CHANDIGARH

R.S.A. No. 2833 of 2003(O&M)

Date of decision: January 25,2007

Mukand Singh V. Phina Singh

CORAM: HON'BLE MR.JUSTICE VINEY MITTAL
Present: Shri Shri G.L.Bajaj,Advocate, for the appellant.

Viney Mittal,J.(Oral)

The defendant has approached this court through the present regular second appeal challenging the judgment and decree of the first appellate court whereby on appeal filed by the plaintiff, the judgment and decree of the trial court have been set aside and the suit of the plaintiff has been decreed.

A suit for possession and for permanent injunction was filed by the plaintiff. It was claimed by him that he is co-sharer with Harijan Co-operative Society and the land in question has been allotted to him being a share holder of the Society. It was further claimed that defendant had illegally taken the possession of the suit land.

The suit filed by the plaintiff was dismissed by the trial court.

The plaintiff filed an appeal. The first appellate court reappraised the evidence and came to the conclusion that the land in question had been allotted to the plaintiff by the Society being a share holder. It was also held that the defendant has absolutely no right to continue in possession of the said land. Consequently, the appeal field by the plaintiff was allowed and as a result thereof, his suit was decreed.

Nothing has been shown that the findings recorded by the learned first appellate court 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 25,2007 ( Viney Mittal )

sks Judge


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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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