The court held that since serious disputed questions of fact existed regarding sales deeds, the writ petition was untenable. The petitioner was directed to approach the Civil Court for deciding the factual issues related to the claim.
Petitioner relegated to filing a civil suit to raise the claimed dispute of fact; writ petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.14565 of 2009
Maan Singh
.....Petitioner
VERSUS
Union of India & others
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
PRESENT: Mr. A.K. Khunger, Advocate, for the petitioner.
Mr. S.S. Sandhu, Advocate, for respondent No.1.
Mr. Sumeet Abrol, AAG, Punjab for the State.
RANJIT SINGH, J.
Since the respondents have raised serious disputed question of fact in regard to the sales deeds relied upon by the petitioner, it would be appropriate for the petitioner to approach Civil Court where such disputed questions of facts can be decided. The petitioner is, therefore, relegated to the remedy of filing civil suit to raise a claim as made in the present petition.
The writ petition is, accordingly, disposed of.
May 04, 2011 (RANJIT SINGH) monika JUDGE
1 issue framed by the court
Whether disputed questions of fact regarding sales deeds require a civil suit rather than a writ petition.
Maan Singh
Union of India
Ranjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
