Present: Mr.R.S.Aulakh vs Mr. K.S.Kang on 9 March, 2009

Civil Revision No. 1485 of 2008                          -1-

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       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH


                         Civil Revision No. 1485 of 2008
                         Date of decision: 9.03.2009.


Balkar Singh                                                     ...Petiitioner
                                  Versus

Devinder Singh                                              ...Respondent


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


Present:    Mr.R.S.Aulakh, Advocate, for the petitioner.

            Mr. K.S.Kang, Advocate for
            Mr. Arun Palli, Advocate for the respondent.

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S.D.ANAND, J.

The order granted by the learned Trial Court, in the matter of

ad-interim stay directing the parties to maintain status quo qua the

possession of the land in dispute, was reversed by the learned Ist

Appellate court which non suited the plaintiff-petitioner on a finding that he

had not come to the Court with clean hands. The following observations in

the context were recorded by the learned Ist Appellate Court:-

“….the plaintiff has not come to the Court with clean hands and

suppressed material facts qua the status of defendant as a co-

sharer in the suit land and the plaintiff has not mentioned in his

plaint how his father or the plaintiff came to exclusive

possession in the suit property which is prima facie proved to

be joint between the plaintiff and the defendant.”

Learned counsel appearing on behalf of the petitioner states
Civil Revision No. 1485 of 2008 -2-

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that though the plaintiff-petitioner did not, infact, plead that defendant too

was a co-sharer in the joint land, he has presently placed the copies of

relevant jamabandis on record which depict that position. Learned counsel

is, otherwise, not in a position to wriggle out of the observation made by the

learned Trial Court that the plaintiff-petitioner had not come to the Court

with clean hands. The fact that copies of the relevant jamabandis depicting

the correct factual position have been placed on record before this Court

does not enable the plaintiff-petitioner to obtain exoneration from the

accountability for not having come to the Court with clean hands. A party

which does not come to the Court with clean hands is not entitled to the

grant of discretionary relief. The petition is held to be denuded of merit and

is order to be dismissed.

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