High Court Punjab-Haryana High Court

Satya Devi vs Avtar Singh @ Tita Etc on 14 October, 2009

Punjab-Haryana High Court
Satya Devi vs Avtar Singh @ Tita Etc on 14 October, 2009
T.A.No.215 of 2008                                             1


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                               T.A.No.215 of 2008

                               Date of Decision : 14.10.2009

Satya Devi                                          ...Petitioner

                               Versus

Avtar Singh @ Tita etc.                             ...Respondents


CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA

Present: None for the petitioner.

          Mr. R.S.Bajaj, Advocate,
          for respondent Nos.1 to 3.

HEMANT GUPTA, J. (ORAL)

The petitioner has sought transfer of the suit for declaration that

she is owner of land measuring 18 Kanals 1 Marlas situated at Village

Possi, Tehsil Garhshankar, District Hoshiarpur to Pathankot.

It is pointed out that the petitioner is 90 years of age and was

earlier living in Village, but on account of threats to her life, she has

shifted to Pathankot, where her daughter is married. Therefore, she has

prayed that the present suit be transferred to Pathankot to enable her to

prosecute her suit in an effective manner.

The allegations levelled by the petitioner have been denied by

respondent Nos.1 to 3 in their reply. The petitioner appointed her son-in-

law as her attorney, who is also more than 70 years of age.

Since the petitioner has asserted that she is residing at

Pathankot and her attorney is also about 70 years of age. The petitioner is

an old woman of 90 years. She is not possessed of sufficient means to
T.A.No.215 of 2008 2

contest the suit at Garhshankar, even her attorney Jaswant Singh has been

abused by the respondents. Therefore, I deem it appropriate to transfer

the civil suit titled “Satya Devi Vs. Avtar Singh etc.” pending in the

Court of Sh. Sanjay Agnihotri, Civil Judge (Jr.Dn.), Garhshankar to the

Court of Sh. Kulbhushan Kumar, Civil Judge (Jr. Dn.), Pathankot.

Parties through their counsel are directed to appear before the

transferee Court on 11.11.2009 for further proceedings.

14.10.2009                                     (HEMANT GUPTA)
Vimal                                              JUDGE