Single Judge dismissed a civil revision petition challenging lower courts' refusal to restrain respondents from interfering in petitioner's possession of a house, noting petitioner had sold her share with a recital of possession handed over to vendee.
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Civil Revision No.1847 of 2009
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.1847 of 2009 Date of decision: 1.04.2009.
Kaushal Rani
.....Petitioner
Versus
Ram Gopal and another
...Respondents
CORAM: HON'BLE MR. JUSTICE S.D.ANAND.
Present: Mr. Ashok Khubber, Advocate for the petitioner.
S.D.ANAND, J.
The plea raised by the petitioner for the restraint of the defendants-respondents from interferring in her possession over the house under reference was declined by both the Courts (learned Trial Court and also the learned Ist Appellate Court) by noticing that she had sold away her ½ share held by her in that property to the vendee on 17.6.2008 and there also was a recital in the sale deed that possession of the portion aforementioned had also been handed over to the vendee. In the context of the recital aforementioned, the plea raised was that it had been wrongly incorporated in the sale deed. The plea did not find favour with the learned Trial Court and the learned Ist Appellate Court.
The learned counsel for the petitioner is not in a position
Civil Revision No.1847 of 2009
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to argue that the impugned order contains any factual inaccuracy. In the light of the affirmative finding at the hands of learned Trial Court and the learned Ist Appellate Court and in the absence of any illegality or perversity in the manner of appreciation of facts by those Courts, this Court is not inclined to interfere.
Dismissed in limine.
April 01, 2009 Pka
(S.D.Anand) Judge
Kaushal Rani
Ram Gopal
S.D. ANAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
