{"id":59050,"date":"2009-08-03T00:00:00","date_gmt":"2009-08-02T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/sultan-vs-ganesh-prasad-and-others-on-3-august-2009"},"modified":"2016-02-10T11:52:54","modified_gmt":"2016-02-10T06:22:54","slug":"sultan-vs-ganesh-prasad-and-others-on-3-august-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/sultan-vs-ganesh-prasad-and-others-on-3-august-2009","title":{"rendered":"Sultan vs Ganesh Prasad And Others on 3 August, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Sultan vs Ganesh Prasad And Others on 3 August, 2009<\/div>\n
R.S.A.No.638 of 2007(O&M)                              {1}\n\n\n      In the High Court of Punjab and Haryana at Chandigarh\n\n\n                               R.S.A.No.638 of 2007(O&M)\n                               Date of Decision:August 03, 2009\n\n\nSultan\n\n\n                                           ---Appellant\n\n\n                  versus\n\n\nGanesh Prasad and others\n\n\n                                           ---Respondents\n\nCoram:      HON'BLE MRS. JUSTICE SABINA\n\n                ***\n<\/pre>\n
Present:    Mr. Sanjay Mittal,Advocate,\n            for the appellant\n\n            Mr.Vivek Singla, Advocate,\n            for respondents No. 1 to 7<\/span>\n\n                  ***\n\nSABINA J.\n\n<\/pre>\n
            Plaintiffs had filed a suit seeking permanent injunction against<\/p>\n
the defendants restraining them from interfering in the suit property.<\/p>\n
Additional Civil Judge (Senior Division), Narnaul,      vide judgment and<\/p>\n
decree dated 28.2.2001 dismissed the suit of the plaintiffs. Aggrieved by<\/p>\n
the same, plaintiffs preferred an appeal and the same was dismissed by<\/p>\n
Additional District Judge, Narnaul     vide judgment      and decree dated<\/p>\n
11.8.2006 alongwith the cross objection filed by the defendant No. 1 Sultan.<\/p>\n
Hence, the present appeal by defendant No. 1-Sultan.\n<\/p>\n
 R.S.A.No.638 of 2007(O&M)                                {2}<\/p>\n
            The facts of the case as noticed by the learned Additional<\/p>\n
District Judge, in paras 2 to 4 of its judgment read as under:-<\/p>\n
            “Plaintiffs are in possession of the suit property for the last<\/p>\n
            25\/30 years. It has been pleaded that the possession of the<\/p>\n
            plaintiffs\/appellants is opened and declared one and in the<\/p>\n
            knowledge of the defendants\/respondents.           Plaintiffs have<\/p>\n
            raised construction in the suit property. They are residing and<\/p>\n
            also running business in the suit property. Plaintiffs\/appellant<\/p>\n
            have taken electric connection No.        F 1132      in his name.<\/p>\n
            Defendants\/respondents No. 1, 3 and 4 have formed a group<\/p>\n
            and they are adamant to grab the property of the plaintiffs. It<\/p>\n
            has been also pleaded that defendant No. 2 through defendant<\/p>\n
            No. 3 had filed a suit against the son of the plaintiff and when<\/p>\n
            the said suit was contested by the son of the plaintiff, defendant<\/p>\n
            No. 2 has withdrawn       the said suit and the said suit was<\/p>\n
            dismissed on 3.6.1982. Despite that the defendants tried to<\/p>\n
            grab the property of the plaintiff and defendant No. 1 filed a<\/p>\n
            false suit against the defendants No. 2 to 4. It has been pleaded<\/p>\n
            that the rent petition titled as Sultan Vs. Sangeeta Handloom<\/p>\n
            Co-operative industrial society was decided by the court of Sh.<\/p><\/blockquote>\n
            M.M.Sharma the then rent Controller vide judgment dated<\/p>\n
            5.6.1990. Defendant No. 1 contained ex parte ejectment order<\/p>\n
            against the defendants No. 2 to 4 in the said rent petition, titled<\/p>\n
            as Sultan Vs. Sangeeta Handloom. It has been further pleaded<\/p>\n
            that the order dated 5.6.1990 passed in rent petition titled as<\/p>\n
            Sultan Vs. Sangeeta Handloom is not binding on the plaintiff
\n R.S.A.No.638 of 2007(O&M)                             {3}<\/p>\n
          and defendant No. 1 has no right to interfere in the possession<\/p>\n
          of the plaintiff over the suit property. It has been also pleaded<\/p>\n
          that defendants No. 2 to 4 were not tenants under defendant No.<\/p>\n
          1 as alleged in the rent petition titled as Sultan Vs. Sangeeta<\/p>\n
          Handloom.        It has been pleaded that the judgment of rent<\/p>\n
          petition titled as Sultan vs. Sangeeta Handloom decided on<\/p>\n
          5.6.1990 is not binding on the plaintiffs. Defendants have got<\/p>\n
          no concern with the suit property and plaintiffs are in<\/p>\n
          possession over the suit property as owner. It has been pleaded<\/p>\n
          that after getting knowledge about the decision of the rent<\/p>\n
          petition, plaintiffs filed another suit for seeking permanent<\/p>\n
          injunction but he has withdrawn the said suit as description of<\/p>\n
          the suit land was wrongly mentioned in the said suit. Plaintiffs<\/p>\n
          claimed that defendants have no right to interfere in his<\/p>\n
          possession over the suit property fully detailed in the head note<\/p>\n
          of the plaint.\n<\/p>\n
                       On notice defendant\/respondent No. 1 filed written<\/p>\n
          statement along with counter-claim. Defendant No. 1 pleaded<\/p>\n
          that plaintiff is neither owner nor in possession of the suit<\/p>\n
          property. It has been pleaded that plaintiff had earlier filed a<\/p>\n
          suit titled as Bal Kishan Vs. sultan on 1.9.1990 and it was<\/p>\n
          mentioned in that suit that suit property is Muslim Evacuee<\/p>\n
          property and was purchased by his father about 21\/22 years<\/p>\n
          back from custodian. A site plan dated 30.8.1990 prepared by<\/p>\n
          Rajender Kumar Saini draftsman was also produced along with<\/p>\n
          plaint of that earlier suit. It has been pleaded that in the
\n R.S.A.No.638 of 2007(O&M)                             {4}<\/p>\n
          present suit plaintiff has also added the land, existing towards<\/p>\n
          the eastern side of the house of Panna Lal. Defendant No. 1<\/p>\n
          also pleaded that the father of the plaintiff purchased MEP No.<\/p>\n
          928 from custodian and the area of said property was 200<\/p>\n
          square yards and two rooms and an stair case was in existence<\/p>\n
          at the time of purchasing of MEP No. 928. It has been pleaded<\/p>\n
          that the land was rented out through Ganesh Prasad plaintiff at<\/p>\n
          the rate of Rs. 50\/- per month and Ganesh Prasad committed<\/p>\n
          embezzlement and due to that reason he was removed from the<\/p>\n
          post of Treasurer of the society. It has been pleaded that a rent<\/p>\n
          note dated 7.6.1980 was also executed by Sangeeta Handloom<\/p>\n
          in favour of defendant No. 1. It has been claimed that Sangeeta<\/p>\n
          Handloom Co-operativbe Society w3as working in the property<\/p>\n
          till 27.8.1990.   However, it has been admitted that Ganesh<\/p>\n
          Prasad got installed electric connection in the said property<\/p>\n
          after taking the said property on rent        and said electric<\/p>\n
          connection was in existence till the defendant No. 1 got<\/p>\n
          possession of the property through court.          Rest of the<\/p>\n
          allegations have been denied.\n<\/p>\n
                      Defendants No. 2 and 3 filed their separate written<\/p>\n
          statement in which it has been pleaded that plaintiff is neither<\/p>\n
          owner nor in possession of the suit property except MEP No.<\/p>\n
          928 measuring 200 square yards which was purchased by the<\/p>\n
          father of the plaintiff from custodian. It has been pleaded that<\/p>\n
          Sangeeta Handloom Co-operative Society was in possession<\/p>\n
          of the disputed property as tenant. It has been further pleaded
\n R.S.A.No.638 of 2007(O&M)                               {5}<\/p>\n
            that Sangeeta Handloom Co-operative & Industrial society took<\/p>\n
            the land measuring 1120 square yards on rent through its<\/p>\n
            treasurer on 18.3.1980. It has been pleaded that a suit was<\/p>\n
            filed by Sangeeta Handloom Co-operative Society          against<\/p>\n
            Ganesh Prasad and later on suit was withdrawn as Ganesh<\/p>\n
            Prasad stopped interfering in the work of the society. It has<\/p>\n
            been admitted that defendant No. 1 filed a rent petition against<\/p>\n
            Sangeeta Handloom Society and order of ejectment was passed<\/p>\n
            in the said rent petition on 5.6.90. It has been pleaded that<\/p>\n
            plaintiff never remained       in possession over the disputed<\/p>\n
            property from June, 1979 up to 27.8.1990. Defendants prayed<\/p>\n
            for dismissal of the suit.”\n<\/p>\n
            On the pleadings of the parties, trial court framed the following<\/p>\n
issues:-\n<\/p>\n
            “(1)Whether the plaintiff is owner in possession of the property<\/p>\n
            in dispute? OPP<\/p>\n
            (2)Whether the defendant is restraining user of the plaintiff<\/p>\n
               with respect to that? OPP<\/p>\n
            (3)Whether the suit is not maintainable? OPD<\/p>\n
            (4)Whether the plaintiff has no locus-standi to file the suit?<\/p>\n
               OPD<\/p>\n
            (5)Relief.<\/p><\/blockquote>\n
            After hearing learned counsel for the appellant, I am of the<\/p>\n
opinion that the present appeal deserves to be dismissed.<\/p>\n
            Plaintiffs had filed a suit for permanent injunction against the<\/p>\n
defendants for restraining them from interfering in the suit property.\n<\/p>\n
 R.S.A.No.638 of 2007(O&M)                                 {6}<\/p>\n
Defendant No. 1 filed a counter claim claiming that he was owner in<\/p>\n
possession of the part of the suit property measuring 1120 square yards on<\/p>\n
the ground that he had taken possession of the same from Sangeeta<\/p>\n
Handloom Co-operative Industrial Society hereinafter referred to as “the<\/p>\n
Society”) in pursuance of execution of ejectment order dated 5.6.1990. It<\/p>\n
has been observed by the learned District Judge in its judgment that the suit<\/p>\n
was filed by the Society      against   Ganesh Prashad and the same was<\/p>\n
dismissed as withdrawn vide order dated 3.6.1982(Ex. D.16). In the written<\/p>\n
statement filed by Ganesh Prasad (Ex. D-12), it was averred that he was in<\/p>\n
possession of the suit property and it was also stated that the property which<\/p>\n
was in possession of the Society was not taken on rent from defendant No. 1<\/p>\n
-Sultan in the present suit. It was admitted that the society was started about<\/p>\n
1\/1 \u00bd years back and was working towards southern side of the house of<\/p>\n
Bal Kishan. It was further pleaded in the written statement that the suit<\/p>\n
property was purchased by Duli Chand, grand father of Ganesh Prasad from<\/p>\n
custodian and he was not bound by the forged rent note executed between<\/p>\n
the Society and Sultan Singh-defendant No. 1. Thus, Ganesh Prasad had<\/p>\n
denied the rent note and ownership of Sultan Singh-defendant No. 1 over<\/p>\n
the suit property. The said suit was dismissed as withdrawn. Rent Note<\/p>\n
Ex. D-4 dated 7.6.1980 was not executed by Bal Kishan or his son Ganesh<\/p>\n
Prasad- defendant No. 1 claiming ownership over the disputed portion of<\/p>\n
the suit property on the basis of rent note Ex. D-4.<\/p>\n
             It has been further observed by the learned Addl. District Judge<\/p>\n
that defendant No. 1 Sultan Singh filed an ejectment petition against the<\/p>\n
Society and the said petition was decided in favour of defendant No. 1 ex<\/p>\n
parte. As per defendant No. 1, he had taken possession of the disputed
\n R.S.A.No.638 of 2007(O&M)                                  {7}<\/p>\n
property in pursuance of warrant of possession Ex. D-7 dated 27.8.1990 and<\/p>\n
since then he was in possession of the suit property. However, from the<\/p>\n
report of Local Commissioner, it was found that Chhappar No. 1 mentioned<\/p>\n
in the report of Local Commissioner was the same disputed Chhappar , with<\/p>\n
regard to which possession was delivered to defendant No.1 by bailiff on<\/p>\n
27.8.1990. Some articles were also found lying in the Chhappar. As per<\/p>\n
the report of the bailiff, lock of Sultan Singh was put on the Chhappar.<\/p>\n
When the Local Commissioner visited the site on 15.3.1991, the said lock<\/p>\n
was not found at the Chhappar. In fact, lock was lying open. In these<\/p>\n
circumstances learned Additional District Judge had observed that on<\/p>\n
comparison of the report of the Local Commissioner as well as the warrant<\/p>\n
of possession, present appellant was not found in possession of the property<\/p>\n
in dispute at the time of filing of the suit. Since the plaintiff was not a party<\/p>\n
to the ejectment proceedings, he could not be held to be bound by the<\/p>\n
ejectment order. It can be inferred that the ejectment proceedings were<\/p>\n
collusive and not binding on the plaintiff.\n<\/p>\n
             Learned counsel for the appellant has failed to rebut the factual<\/p>\n
observations made by learned Additional District Judge.                In these<\/p>\n
circumstances, since the appellant was not found in possession of the suit<\/p>\n
land on the date of filing of the suit, his counter claim was rightly dismissed.<\/p>\n
               No substantial question of law arises in this appeal.<\/p>\n
Accordingly, this appeal is dismissed.\n<\/p>\n
                                                     (SABINA)
\n                                                       JUDGE<\/p>\n
August 03, 2009
\nPARAMJIT\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Sultan vs Ganesh Prasad And Others on 3 August, 2009 R.S.A.No.638 of 2007(O&M) {1} In the High Court of Punjab and Haryana at Chandigarh R.S.A.No.638 of 2007(O&M) Date of Decision:August 03, 2009 Sultan —Appellant versus Ganesh Prasad and others —Respondents Coram: HON’BLE MRS. JUSTICE SABINA *** Present: Mr. Sanjay Mittal,Advocate, for the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-59050","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nSultan vs Ganesh Prasad And Others on 3 August, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/sultan-vs-ganesh-prasad-and-others-on-3-august-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Sultan vs Ganesh Prasad And Others on 3 August, 2009 - 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