High Court Punjab-Haryana High Court

Bachna Ram And Other vs Data Ram & Another on 23 November, 2009

Punjab-Haryana High Court
Bachna Ram And Other vs Data Ram & Another on 23 November, 2009
C.R.No.6837 of 2009                                                      -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                           CHANDIGARH

                                             C.R.No.6837 of 2009

                                             Date of Decision 23.11.2009

Bachna Ram and other

                                                  ........ Petitioners


                   Versus


Data Ram & another

                                                  ........ Respondents



CORAM:       HON'BLE MR.JUSTICE HEMANT GUPTA

Present:     Mr.Vineet Chaudhary, Advocate,
             for the petitioners.


HEMANT GUPTA, J.

Challenge in the present petition by the defendant is to the

orders dated 2.9.2009 and 25.4.2008, passed by the courts below whereby

the defendants-petitioners were restrained from dispossessing the

plaintiffs-respondents from the suit property.

The defendants-petitioners alleged to have purchase the suit

property vide sale deed dated 19.7.1981, from Tulsi. One Bhura was

recorded as a person in possession of the land as a Gair Marusi tenant as

per the jamabandi for the year 1971-72, on payment 1/3rd of the farm

produce on Batai. The said entries were continued in the jamabandi for the

years 1986-87, 1991-92, 1996-97 and 2001-2002 as well. The plaintiffs-

defendants are the legal heirs of Bhura. Both the Courts have granted ad

interim injunction for the reason that the tenancy rights were inherited by

the plaintiffs after the death of Bhura, therefore, the plaintiff cannot be

dispossessed forcibly.

C.R.No.6837 of 2009 -2-

Learned counsel for the petitioners has vehemently argued

that the petitioner has purchased the suit property and is in possession

from the date of purchase. However, the said argument is not tenable for

the reason that even on the date of purchase, Bhura was recorded as a

person in possession of the land as Gair Marusi tenant. There is no

assertion that the tenant was ordered to be evicted which fact alone could

revert the possession in favour of the owner.

In view of the said fact, I do not find any patent illegality or

irregularity in the orders passed by the courts below, which may warrant

interference by this Court in the present revision petition.

Dismissed.

November 23, 2009                                   (HEMANT GUPTA)
rishu                                                   JUDGE