Onkar Singh And Another vs Chhajju Ram And Others on 25 November, 2009

R.S.A. No. 4265 of 2009(O&M)                                            [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                CHANDIGARH.

                                 R.S.A. No. 4265 of 2009 (O&M)

                                 Date of Decision: November 25, 2009



Onkar Singh and another

                                      .....Appellants

            Vs.

Chhajju Ram and others

                                      .....Respondents


CORAM:      HON'BLE MR. JUSTICE M.M.S. BEDI.

                          -.-

Present:-   Mr. Ramesh Sharma, Advocate
            for the appellants.

                   -.-



M.M.S. BEDI, J. (ORAL)

For the reasons mentioned in the applications, the delay in

filing and re-filing the appeal is condoned. Applications stand disposed of.

Suit of the plaintiff- respondents for injunction pertaining to 7

kanals 11 marlas of land has been decreed irrespective of the title of the

property holding that as per the admissions made by the defendants during

cross-examination, the plaintiffs – respondents are in possession of 7 kanals
R.S.A. No. 4265 of 2009(O&M) [2]

11 marlas of land whereas the defendant- appellants are in possession of 1

kanal 7 marlas of land in the same khasra No.345 min.

Counsel for the appellants has vehemently contended that the

jamabandi for the year 2004-05 reflect the possession of defendants in 7

kanals 11 marlas of land, which is in dispute. The said jamabandi appears

to have come into existence during the pendency of the case as such the

reliance on the same cannot be made especially when presumption attached

to revenue record stands rebutted by the oral evidence and admission of the

defendant- witnesses. No substantial question of law is involved in the case

warranting interference.

Dismissed.

November 25, 2009                                 (M.M.S.BEDI)
 sanjay                                             JUDGE