High Court Punjab-Haryana High Court

Jagmal vs Sant Kumar And Others on 5 November, 2008

Punjab-Haryana High Court
Jagmal vs Sant Kumar And Others on 5 November, 2008
RSA 1453 of 2007                      1

            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH

                                      RSA No. 1453 of 2007

                                      Date of Decision: 05.11. 2008


Jagmal                                             ...... Appellant


      Versus


Sant Kumar and others                              ...... Respondents


Coram:      Hon'ble Mr. Justice Ajay Tewari


1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?


Present:    Mr.Rajesh Khandelwal, Advocate
            for the appellant.

                   ****

Ajay Tewari, J.

This appeal has been filed against the judgment and decree

dated 20.3.2007 passed by the District Judge, Narnaul allowing the appeal

filed by the respondent and consequently decreeing his suit for permanent

injunction restraining the appellant from interfering in the possession of the

property.

The learned lower Appellate Court primarily relied upon the

admission of the appellant to the effect that his father and uncle were

brothers and co-owners, that his uncle died issueless and that after him the

widow of the uncle Smt. Chandro became the owner of the share of the

uncle, and that Smt.Chandro had bequeathed the entire land which she had
RSA 1453 of 2007 2

inherited from his uncle in favour of her nephew Rudha Ram, father of the

respondent. On the basis of this admission the learned lower Appellate

Court held that the commission of the respondent in leading positive

evidence to prove his ownership was not a fatal commission.

In my opinion no fault can be found with the reasoning adopted

by the learned lower Appellate Court. Counsel for the appellant has not

been able to show that even though the agricultural land was transferred to

Rudha Ram yet the share in the house in the property was transferred to

him. Thus it has to be held that Chandro had transferred her entire interest

in the property to Rudha Ram. That being so I hold that the questions

proposed do not arise in this appeal. Consequently the same is dismissed.

No costs.

(AJAY TEWARI)
JUDGE

November 05, 2008
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