Darshan Lal Semwal vs Smt. Meena Bahuguna And Others on 9 March, 2009

Civil Revision No. 1045 of 2009                                 -1-

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       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                         Civil Revision No. 1045 of 2009
                         Date of decision: 9.3.2009

Darshan Lal Semwal
                                                         ...Petitioner

                                   Versus

Smt. Meena Bahuguna and others                           ...Respondents


CORAM: HON'BLE MR. JUSTICE S.D.ANAND.

Present:    Mr. Akshay Kumar Goyal, Advocate for the petitioner.


S.D.ANAND, J.

The learned Trial Court dismissed ad-interim stay plea of the

plaintiff-petitioner who had sought the restraint of respondent-Housing

Board, Haryana from dispossessing him from the premises which are

under his unauthorised possession.

The view was upheld by the learned Ist Appellate Court which

made the following observations in support of the finding of affirmative:-

“In these circumstances, the stay application preferred by the

appellant-plaintiff cannot be sustained and as such, the same

is hereby dismissed with no order as to costs. Thus, the trial

Court order is hereby upheld. Accordingly, the defendants No.

3 i.e. the Housing Board Haryana is hereby put at liberty to

take the possession of the demised premises by way of

evicting the plaintiff-appellant there-from. However, it is made

clear that the Housing Board Haryana would evict the

appellant-plaintiff from the disputed house only in accordance

with law after adopting the due process of law. Memo of costs
Civil Revision No. 1045 of 2009 -2-

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be prepared accordingly.”

Learned counsel for the petitioner is not in a position to contest

the finding that the Housing Board, Haryana, is proceeding in the matter in

accordance with law. His only grievance is that the petitioner being a

tenant therein ought to have been afforded an opportunity of a hearing. I

called upon him to invite my attention to any provision of the relevant Act

which would be supportive of the proposition advocated by him. The poser

draws a blank from the learned counsel for the petitioner. It is apparent

from the record that the respondent-Housing Board, Haryana, is obtaining

possession of the premises under reference in accordance with law. There

is neither prima facie case nor balance of convenience in favour of the

plaintiff-petitioner for the grant of the ad-interim stay.

The petition is held to be denuded of merit and is ordered to

be dismissed.

March 09, 2009                                               (S.D.Anand)
Pka                                                            Judge