Dharam And Others vs Mehar Chand And Others on 9 January, 2009

R.S.A. No. 2689 of 2007 (O&M)                 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
              CHANDIGARH


                              R.S.A. No. 2689 of 2007 (O&M)

                              Date of Decision : 09.01.2009

Dharam and others

                                                    ....Appellants
              Versus


Mehar Chand and others

                                                    ...Respondents

CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
                  ....

Present : Mr. AshwaniTalwar, Advocate
          for the appellants.
                         .....

MAHESH GROVER, J.

Delay in re-filing is condoned.

This appeal by the defendants is directed against the

judgment of the first Appellate Court dated 24.3.2007.

The only grievance that the appellants have raised is that

the Appellate Court rightly came to the conclusion that the

plaintiffs/respondents were not the owners of the suit property and

that the sale deeds in favour of the appellants stood established but

yet no liberty was granted to them to proceed against the

plaintiffs/respondents who were in unauthorised possession of the suit

property.

I am afraid, the appellants have a remedy to proceed in

accordance with law against the plaintiffs/respondents by establishing

their right and it need not be reiterated specifically and failure to say
R.S.A. No. 2689 of 2007 (O&M) -2-

so by the first Appellate Court cannot negate the judgment. Thus,

there is no merit in the contention raised by the learned counsel for

the appellants that the specific observation had to be made in this

regard.

Disposed of.

9.1.2009                                (MAHESH GROVER)
                                            JUDGE

dss