Appeal filed challenging civil court jurisdiction to try a suit about suit property. Appeal dismissed as appellant failed to prove property falls within Jalandhar Cantt limits to make Rent Act applicable.
The appeal is dismissed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
R.S.A.No.643 of 2010 (O&M)
Date of decision : 19.2.2010
Rajiv Sharma
....Appellant
Versus
Sunderi Devi
...Respondent
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
Present : Mr. R.S.Ahluwalia, Advocate for the appellant.
MAHESH GROVER, J.
The only contention raised by the learned counsel for the appellant while questioning the judgments of the learned trial court dated 1.11.2007 and that of the first Appellate Court dated 1.10.2009 is that the suit property falls within the limits of Jalandhar Cantt and therefore the provisions of the Rent Act would be applicable and consequently the suit in the instant form could not have proceeded. It is his contention that the suit was filed after issuance of notice under Section 106 of the Transfer of Property Act, but as the property falls within the limits of Jalandhar Cantt., these proceedings could not be resorted to and the only remedy available with the respondent was to file the proceedings under the provisions of East Punjab Urban Rent Restriction Act.
R.S.A.No.643 of 2010 (O&M) -2-
I have heard the learned counsel for the appellant at some length and have also granted him an opportunity to produce any relevant material which he had produced before the courts below to establish the fact that the property falls within the limits of Jalandhar Cantt. An application has been filed along with certain documents. I have perused the same and have also perused the impugned orders and other material that has been placed on the file, but I am unable to pursue myself with the same because there is absolutely no material from which it can be inferred that the property falls within the limits of Jalandhar Cantt. so as to preclude the jurisdiction of the civil courts in preference to the proceedings under the Rent Act. In this view of the matter, the contentions raised by the learned counsel for the appellant being without any merit and further in the absence of any other argument being raised from where any infirmity in the impugned orders could be inferred or established, I am of the opinion that the appeal is totally without any merit. No substantial question of law arises for the consideration of this Court.
Consequently, the appeal is dismissed.
19.2.2010 (MAHESH GROVER) JUDGE
dss
1 issue framed by the court
Whether the suit property falls within the limits of Jalandhar Cantt making the Rend Act applicable and precluding the jurisdiction of civil courts.
1 provisions across 1 enactments
Rajiv Sharma
Sunderi Devi
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
