T.A.No.215 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
T.A.No.215 of 2008
Date of Decision : 14.10.2009
Satya Devi ...Petitioner
Versus
Avtar Singh @ Tita etc. ...Respondents
CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA
Present: None for the petitioner.
Mr. R.S.Bajaj, Advocate,
for respondent Nos.1 to 3.
HEMANT GUPTA, J. (ORAL)
The petitioner has sought transfer of the suit for declaration that
she is owner of land measuring 18 Kanals 1 Marlas situated at Village
Possi, Tehsil Garhshankar, District Hoshiarpur to Pathankot.
It is pointed out that the petitioner is 90 years of age and was
earlier living in Village, but on account of threats to her life, she has
shifted to Pathankot, where her daughter is married. Therefore, she has
prayed that the present suit be transferred to Pathankot to enable her to
prosecute her suit in an effective manner.
The allegations levelled by the petitioner have been denied by
respondent Nos.1 to 3 in their reply. The petitioner appointed her son-in-
law as her attorney, who is also more than 70 years of age.
Since the petitioner has asserted that she is residing at
Pathankot and her attorney is also about 70 years of age. The petitioner is
an old woman of 90 years. She is not possessed of sufficient means to
T.A.No.215 of 2008 2
contest the suit at Garhshankar, even her attorney Jaswant Singh has been
abused by the respondents. Therefore, I deem it appropriate to transfer
the civil suit titled “Satya Devi Vs. Avtar Singh etc.” pending in the
Court of Sh. Sanjay Agnihotri, Civil Judge (Jr.Dn.), Garhshankar to the
Court of Sh. Kulbhushan Kumar, Civil Judge (Jr. Dn.), Pathankot.
Parties through their counsel are directed to appear before the
transferee Court on 11.11.2009 for further proceedings.
14.10.2009 (HEMANT GUPTA) Vimal JUDGE