Justice Ritu Bahri dismissed the second appeal. The court held that findings showing appellants paid batai indicated owners retained superior claim and no substantial question of law arose.
The regular second appeal is dismissed; no interference is warranted as no substantial question of law arises.
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.
R.S.A. No. 3669 of 2011
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
R.S.A. No. 3669 of 2011(O & M) Date of decision:- 07.11.2011
Rajender and others
...Appellants
Versus
Vasu Dev and another
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:- Mr. Adish Gupta, Advocate
for the appellants.
RITU BAHRI J.(Oral)
C.M. No.10366-C of 2011
In view of the grounds mentioned in the application, same is allowed and the delay of 3 days in filing the appeal is condoned.
RSA No.3669 of 2011
After hearing counsel for the appellants no ground is made out to interfere in the judgments passed by the lower courts. The findings recorded by the lower Appellate Court that the appellants paid batai to the original owners, itself indicative of the fact that the owners continued to hold the property as their own and even the appellants never denied their superior claim. Separate proceedings before the authorities concerned for
R.S.A. No. 3669 of 2011
-2-
ejectment of the appellants are in process on the ground of nonpayment of batai.
No substantial question of law arises for adjudication
by this Court, the regular second appeal is dismissed .
November 07, 2011 Vijay Asija
( RITU BAHRI ) JUDGE
2 issues framed by the court
Whether interference is necessary in the judgments passed by the lower courts.
Whether a substantial question of law arises for adjudication.
Rajender and others
Vasu Dev and another
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
