Dismissed

Dalbir Singh v. Ramandeep Singh and Anr.

Punjab & Haryana HC2 Sept 2011CR/5168/2011

Case brief

AI extract

What is this about?

The court dismissed a civil revision petition seeking to set aside an order vacating an interim injunction. The lower appellate court upheld the Gram Panchayat's claim that the plaintiff's father was the highest bidder for leased land, compelling the plaintiff to surrender possession upon lease expiry. The High Court found no ground for interference.

What did the court decide?

The revision petition was dismissed, affirming the lower appellate court's order to surrender possession of the land upon lease expiry.

Dalbir Singh Vs Ramandeep Singh and Anr. — Landlord and Tenant | Punjab & Haryana HC (2011)

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Civil Revision No. 5168 of 2011

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In the High Court of Punjab and Haryana, at Chandigarh

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Civil Revision No. 5168 of 2011

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Date of Decision: 2.9.2011

Dalbir Singh

... Petitioner

Versus

Ramandeep Singh and Another

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... Respondents

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CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.

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Present: Mr. Malkeet Singh, Advocate for the petitioner.

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Kanwaljit Singh Ahluwalia, J. (Oral)

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The present revision petition has been filed for setting aside the impugned order dated 9.8.2011 (Annexure P2), passed by the Court of District Judge, Amritsar.

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The Court of District Judge, Amritsar, has accepted the appeal of Gram Panchayat of village Granthgarh, Tehsil Ajnala, District Amritsar and had vacated the ad interim injunction granted in favour of the petitioner/plaintiff.

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The lower Appellate Court upheld the contention of the defendants/respondents that the suit land is being managed by the Gram Panchayat which has been leased out in public auction and in the year 1999-2000 it was given to father of the plaintiff. The Court gave due credence to the proceedings book which was produced before it. The

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Civil Revision No. 5168 of 2011

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Court held that father of the plaintiff was the highest bidder in the public auction. In the Panchayat proceedings, thumb impressions of father of the plaintiff were also shown. The Court further held that on expiry of the period of lease, it was incumbent upon the petitioner/plaintiff to surrender possession of the land to the Gram Panchayat. The lower Appellate Court has relied upon Jarnail Singh v. Joint Development Commissioner (I.R.D.) Punjab 1997(2) Recent Civil Reports 82 to say that after expiry of lease period, the possession of the lessee became unauthorized.

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Recently, Hon'ble the Apex Court in Indian Council for Enviro-Legal Action v. Union of India and Others 2011 STPL (Web) 618 SC has held that it is the bounden duty and obligation of the Court to neutralize any unjust enrichment and undeserved gain made by any party by invoking the jurisdiction of the Court. It was further held that a person in wrongful possession should not only be removed from that place as early as possible but he be compelled to pay for wrongful use of that premises fine, penalty and costs. It was observed that any leniency would seriously affect the credibility of the judicial system.

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In view of the well reasoned findings returned by the lower Appellate Court, no ground is made out to cause interference in the present revision petition and the same is hereby dismissed.

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(Kanwaljit Singh Ahluwalia) Judge

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September 2, 2011 “DK”

Dalbir Singh v. Ramandeep Singh and Anr.

Case brief

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Dalbir Singh v. Ramandeep Singh and Anr.

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