High Court Punjab-Haryana High Court

Sultan Singh & Another vs Balwan & Another on 3 November, 2009

Punjab-Haryana High Court
Sultan Singh & Another vs Balwan & Another on 3 November, 2009
RSA No.3889 of 2009                                  -1-


   IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                 CHANDIGARH

                                 CM No.11884-C of 2009 &
                                 RSA No.3889 of 2009
                                 Decided on : 03.11.2009


Sultan Singh & another                         ... Appellants

                          versus

Balwan & another                               ...Respondents

CORAM : HON'BLE MR. JUSTICE AJAY TEWARI

Present : Mr. Ramesh Hooda, Advocate
          for the appellant.

                          ****

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


AJAY TEWARI, J. (ORAL)

This order shall dispose of RSA Nos.3889 & 3890 of

2009 as common questions of facts and law are involved in these

appeals and are between the same parties. The facts for decision

are taken from RSA No.3889 of 2009.

This appeal has been filed against the concurrent

judgments of the Courts below decreeing the suit of the

respondent, challenging partition between the parties as well as

the collusive decree suffered by the appellant No.1 in favour of

the appellant No.2 (his son). Both the parties are grand children

of one Ram Dhan who had two sons Ram Sarup and Abhey Ram.

The appellants are from the line of Ram Sarup while respondents

are from the line of Abhey Ram. Both the Courts below found
RSA No.3889 of 2009 -2-

that in fact the appellant No.1 had sold some portion of his

property in favour of respondent No.1 and thus, the partition

proceedings which ignored the sale deed could not effect the right

of the respondents to the land purchased by them.

Learned counsel for the appellant has argued that in

fact the alleged sale deed was not executed by the appellant No.1

but is a result of fraud. In my opinion, the execution of sale deed

is a pure question of fact. Learned counsel has taken me through

the findings of the ld. Courts below but has not been able to

persuade me that the findings recorded are either based on no

evidence or are based on such misreading of evidence which

renders them so perverse as to be liable for interference under

Section 100 of CPC. The following questions have been

proposed:

i) Whether the jurisdiction of the civil court is barred

under Section 158 of the Punjab Land Revenue Act,

1887 in the partition proceedings?

ii)Whether the order passed by the Assistant Collector,

IInd Grade in the partition proceedings can be

ignored by the civil court on the ground that it was

passed due to the lackness of the parties?

iii)Whether the findings recorded by both the ld.

Courts below are perverse?

Questions No.(i) & (ii) are related. In my opinion,

once the findings regarding execution of sale deed by the

appellant No.1 in favour of respondent No.1 is upheld and it is
RSA No.3889 of 2009 -3-

found that in fact the appellant was granted more than his share

in the partition, it would not be in the interest of justice to permit

the appellant to retain the land which he had sold to respondent

No.1. In these circumstances, questions No.(i) & (ii) are to be

held against the appellant. With regard to question No.(iii) once

the findings of the Courts below on the execution of sale deed are

against the appellant, the said question is also to be held against

the appellant.

Consequently, this appeal and application for stay are

dismissed.

November 03, 2009                            (AJAY TEWARI)
sonia                                            JUDGE