Dismissed

Manjinder Singh v. Bhupinder Singh and Ors.

Punjab & Haryana HC4 Mar 2013CR/1143/2013

Case brief

AI extract

What is this about?

In a revision, the High Court upheld the dismissal of a petition seeking an injunction to prevent the landlord from recovering possession after an expired lease. The single judge held a tenant at sufferance has no right to protection without specific statutory backing under rent control or local laws.

What did the court decide?

The revision petition was dismissed and the order maintaining the rejection of the injunction petition was upheld.

Manjinder Singh Vs Bhupinder Singh and Ors. — Property and Title | Punjab & Haryana HC (2013)

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CR No. 1143 of 2013

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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CR No. 1143 of 2013 Date of decision March 4, 2013

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Manjinder Singh s/o Sh. Prem Singh

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....... Petitioner

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Versus

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Bhupinder Singh and others

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........ Respondents

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CORAM: HON'BLE MR. JUSTICE K. KANNAN

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Present:Mr. Raj Mohan Singh , Advocate for the petitioner.

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Mr. P. S. Khurana, Advocate for caveator-respondent.

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Whether reporters of local papers may be allowed to see the judgment ? Yes

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To be referred to the reporters or not? Yes 3. Whether the judgment should be reported in the digest?Yes

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K. Kannan, J (oral).

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The revision is against the dismissal of the

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petition for injunction by the Courts below sought at the instance of the plaintiff who claimed that he was in continuous possession pursuant to lease granted for a period of 15 years for establishing a brick kiln. Admittedly, the lease period has expired on 30.3.2012. The landlord did not consent to his continuance of possession and therefore the tenant who stayed in possession beyond the lease period sought for injunction. There is no provision of law that the tenant who stays in possession beyond the tenure of lease will have a right to be protected in possession beyond the lease period, unless

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CR No. 1143 of 2013

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the possession is protected by statute. Such statutory protection may be available specifically in terms of some Rent Control Legislation or through any local legislation protecting a tenant beyond the period of lease. Unless the tenant has a statutory protection against eviction, the tenant is liable to the evicted on the expiry of the period of lease.

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Learned counsel refers me to the judgment of the Supreme Court in Walter Louis Franklin (dead) through L.Rs Vs. George Singh( dead) through L.Rs 1997 (3) SCC 503 to contend that a person in possession of immovable property is entitled to injunction even against the true owner. The Court was considering the case of a tenant who had taken possession of property as a lessee in respect of a building to which a Rent Control Legislation was applicable and as a tenant he was entitled to be protected. The situation does not obtain in this case. Learned counsel also refers to

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a judgment in Ram Gowda Vs. Varadappa Naidhu 2004 1 SCC 769

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The Court was considering the case of the plaintiff who was in settled possession and a person claiming to be true owner was seeking to disturb his possession. The Court held that where the issue of nature of possession was required to be adjudicated, a person in settled possession could not be thrown out of the Court even if he were a trespasser, the Court would come to his aid to protect his possession till the respective rights of parties and decided. In this case the character of possession is that of a tenant at sufferance and I have not been shown to the benefit of specific legislation granting him the statutory protection against dispossession beyond the period of lease. There cannot be therefore an injunction and the injunction

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CR No. 1143 of 2013

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has been rightly rejected by the two Courts below.

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The order is maintained and the revision is

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dismissed.

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(K. KANNAN) JUDGE

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March 4 , 2013 archana

Manjinder Singh v. Bhupinder Singh and Ors.

Case brief

What is this about?

What did the court decide?

Manjinder Singh v. Bhupinder Singh and Ors.

Case brief

What is this about?

What did the court decide?

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