Ved Singh & Another vs Mehinder Singh on 29 October, 2009

Civil Revision No.6441 of 2008                                            -1-


        IN THE HIGH COURT OF PUNJAB & HARYANA AT
                       CHANDIGARH

                                           Civil Revision No.6441 of 2008
                                           Date of Decision: 29.10.2009

Ved Singh & Another                                            ...... Petitioners

                                 Versus

Mehinder Singh                                                 .....Respondent


CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA.

1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be report in the Digest?


Present: None for the petitioners.

             Mr.Sandeep Chhabra, Advocate for the respondent.

                    ***

HEMANT GUPTA J. (ORAL)

The plaintiff is in revision aggrieved against the order passed by

the Court below, whereby an application under order 39 rules 1 and 2 of the

Code of Civil Procedure has been dismissed. The plaintiff claims to be

lessee on the land measuring 35 kanals and 8 marlas on yearly basis. Thus,

the petitioner has sought protection of his possession as a lessee over the

suit land.

On behalf of defendant Mehinder, it has been asserted that in fact,

he has filed a suit for permanent injunction in the year 2002 which has been

decreed on 06.12.2004. It is thus, sought to be contended that the lease in

favour of the plaintiff by the Gram-Panchayat is during the pendency of the

said suit for injunction. Therefore, such lease is ineffective qua the rights of

the defendant.

Civil Revision No.6441 of 2008 -2-

This Court has passed an order of status quo on 20.11.2008 on the

basis of revenue record in respect of the possession of the plaintiff over the

land.

I have heard learned counsel for the respondent and of the opinion

that the dispute between the parties is in respect of right of the Panchayat

over the suit property and its right to lease out the same to the plaintiff or

the defendant is the question in suit. The said question cannot be decided

without recording the evidence in respect of the title of Panchayat over the

suit property.

Since the plaintiff claims to be in possession on the basis of lease

granted by the Panchayat which is supported by revenue record, I deem just

and proper that order of status quo granted by this Court should continue

during the pendency of the suit. Such order will protect the rights of the

parties in fair and equitable manner.

Consequently, the revision petition is disposed of with a direction

to the parties to maintain status quo regarding the possession during the

pendency of the suit.

29.10.2009                                            (HEMANT GUPTA)
shamsher                                                  JUDGE