High Court Punjab-Haryana High Court

Municipal Committee vs Sheela Devi & Others on 14 October, 2009

Punjab-Haryana High Court
Municipal Committee vs Sheela Devi & Others on 14 October, 2009
CM No.2934-35-C of 2009 &
RSA No.1003 of 2009                                       -1-



   IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                 CHANDIGARH

                                 CM No.2934-35-C of 2009 &
                                 RSA No.1003 of 2009
                                 Decided on : 14.10.2009

Municipal Committee, Mandi Kalanwali           ... Appellant

                           versus

Sheela Devi & others                           ...Respondents

CORAM : HON'BLE MR. JUSTICE AJAY TEWARI

Present : Mr. S.S.Chauhan, Advocate
          for the appellant.
                             ****

1.Whether Reporters of local newspapers 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?

AJAY TEWARI, J. (ORAL)

CM No.2934-C of 2009

For the reasons mentioned in the application, delay of

38 days in refiling the appeal is condoned.

CM stands disposed of.

CM No.2935-C of 2009

For the reasons mentioned in the application, delay of

75 days in filing the appeal is condoned.

CM stands disposed of.

RSA No.1003 of 2009

This appeal has been filed against the concurrent

judgments of the Courts below decreeing the suit of the

respondent-plaintiff claiming retiral benefits and balance amount
CM No.2934-35-C of 2009 &
RSA No.1003 of 2009 -2-

of gratuity with interest of her deceased husband. The following

questions have been proposed:

i) Whether the ld. Civil Judge (Sr. Div.) rightly decreed

the suit in the absence of evidence?

ii)Whether the suit is time barred?

It would be seen that both the questions are pure

questions of fact. Learned counsel has not been able to persuade

me that the findings recorded on these issues are either based on

no evidence or are based on such misreading of evidence so as to

render them perverse.

Consequently this appeal is dismissed.

October 14, 2009                           (AJAY TEWARI)
sonia                                          JUDGE