High Court Punjab-Haryana High Court

Major Singh vs Balwant Singh And Others on 5 November, 2008

Punjab-Haryana High Court
Major Singh vs Balwant Singh And Others on 5 November, 2008
           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

              Regular Second Appeal No.745 of 2008 (O&M)
                   Date of decision: 5th November, 2008

Major Singh

                                                                ... Appellant

                                   Versus

Balwant Singh and others
                                                             ... Respondents

CORAM:        HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:      Mr. B.S. Jaswal, Advocate for the appellant.

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Major Singh had filed a suit for permanent injunction

restraining the defendants from dispossessing him from house/ haweli.

Premises/ suit land has been detailed and described in the heading of the

plaint. Plaintiff had set out a case that the construction was made by his

fore-fathers and he is in possession of the disputed premises and

defendants are bent upon to interfere in his possession.

Notice was issued to the respondent-defendants. They caused

their appearance. It was pleaded that the plaintiff is not the owner in

possession of the suit property rather the same is shamlat land and same

belongs to village Chaudhary Wala and the Gram Panchayat of the village

is in peaceful possession of the property. It was also stated that Gram

Panchayat had made an application regarding illegal acts of the plaintiff

and a compromise was arrived at on 11th March, 2000. The compromise

was not honoured. Therefore, Gram Panchayat submitted an application to

DDPO, Amritsar through BDPO on 8th May, 2000. After obtaining

permission from the Deputy Commissioner, DDPO, with the help of SSP,

Tarn Taran, Gram Panchayat took the possession of the disputed property

on 5th July, 2000. It was further pleaded that appellant-plaintiff was not in
Regular Second Appeal No.745 of 2008 2

possession of the suit land. After completion of the pleadings, issues were

drawn by the trial Court.

Plaintiff, during the cross-examination, admitted that on 5th

July, 2000, possession was taken with the police help by the Gram

Panchayat. It was also admitted in the cross-examination by the plaintiff

that land is shamlat land.

The Gram Panchayat had not been made party to the suit.

The trial Court further gave a finding that plaintiff has never remained in

possession of the land in dispute, rather an attempt has been made by him

to illegally occupy the possession, a few days prior to filing of the suit and

DDPO, with the help of police, has taken the possession. The plaintiff has

no right, title or interest in the property in question.

Taking into consideration the evidence of the defendants

along with the photographs and evidence of DW-1 Amarjit Singh and DW-2

Rashpal Singh, it was also held that there was no haweli built on the land,

but there was a temporary structure.

Aggrieved against the order of the trial Court, appellant had

filed an appeal before the appellate Court below. The findings of the

learned trial Court have been concurred by the appellate Court below.

Two courts below have returned concurrent findings of fact

that appellant was not in possession of the suit property and the suit land

belongs to the Gram Panchayat. In view of the concurrent findings of fact

recorded by two courts below, counsel for the appellant has failed to

formulate any substantial question of law, which could detain the attention

of this Court.

Hence, there is no merit in the present appeal and the same is

dismissed.

[KANWALJIT SINGH AHLUWALIA]
JUDGE
November 05, 2008
rps