In a second appeal regarding a suit for possession and ejectment, the High Court of Punjab and Haryana dismissed the appeal, holding that the appellant failed to produce any document proving ownership or possession, while the respondent resided on the plot.
Judgment appealed against is affirmed and the second appeal is dismissed.
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.
RSA No.3657 of 2011
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
RSA No.3657 of 2011
Date of Decision: January 03, 2012
Chander Mohan
.......Appellant
Versus
Kulbhushan
.......Respondent
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA
Present : Mr.Surinder, Advocate for the appellant.
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TEJINDER SINGH DHINDSA, J.
The plaintiff-appellant is in second appeal before this Court having remained unsuccessful in both the Courts below.
RSA No.3657 of 2011
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have been used for some ulterior motive regarding ownership etc. It was also pleaded that upon the death of his son Parveen Kumar, the defendant had occupied the plot in dispute forcibly and in an illegal manner. The plaintiff claimed to be the owner of the plot in dispute and stated that the defendant had no concern with its ownership and possession. Upon the refusal of the defendant to admit the claim of the plaintiff as regards ownership thereof as also to hand over the vacant possession of the plot in dispute, the suit for possession by way of ejectment of the defendant had been filed.
RSA No.3657 of 2011
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RSA No.3657 of 2011
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in dispute but has failed to lead any evidence whatsoever in regard thereto. It would not be open for the plaintiff-appellant to take advantage of any weakness as regards the evidence led by the defendant-respondent.
JANUARY 03, 2012
( TEJINDER SINGH DHINDSA ) JUDGE
SRM
Note: Whether to be referred to Reporter? Yes/No
2 issues framed by the court
Whether the appellant failed to discharge the burden of proving ownership and possession of the disputed plot.
Whether there is any question of law arising for determination in the second appeal.
Chander Mohan
Kulbhushan
TEJINDER SINGH DHINDSA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
