IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision No.427 of 2009 (O&M)
Date of decision:27.01.2009
Sarabjit Kaur .............. Petitioner
Vs.
Rakesh Kumar Aggarwal and another .............Respondents
Present: Ms. Anita Sharma, Advocate for Mr. Gurcharan Dass, Advocate
for the petitioner.
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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 ?
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K.KANNAN, J. (ORAL)
1. The petition filed for seeking DNA test of the plaintiff and the
two daughters of the defendant was dismissed by the Court below and the
applicant before the trial Court is revision petitioner before this Court.
2. The suit had been filed for recovery of possession of the property
by the plaintiff from the hands of the defendant where the defendant has
raised the contention that she had been kept as mistress of the plaintiff and
the house itself had been purchased, by way of gift, for her benefit and for
the benefit of children that were born through the plaintiff. The proof of
birth of the children that may have been born to the defendant is alien to the
scope of suit that is filed for recovery of possession on the basis of title. The
evidence which the defendant was trying to secure would also be equally
irrelevant for the issue relating to title to immoveable property or entitlement
of the plaintiff to secure possession. The dismissal accords with what is
legally appropriate and calls for no intervention in revision petition.
3. The revision petition is accordingly dismissed.
(K. KANNAN)
JUDGE
January 27, 2009
Pankaj*