This is a default dismissal of an appeal filed in 1987 against a civil suit regarding possession of suit land as a non-occupancy tenant. No appearance was made by the appellant.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
RSA No.1069 of 1987 (O&M) Date of decision: 29.7.2013
Jeet Singh @ Ajit Singh
-----Appellant(s)
Vs.
Gram Panchayat Kunal
-----Respondent(s)
CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present: None.
RAKESH KUMAR GARG, J.
The plaintiff-appellant filed a suit for permanent injunction, restraining the defendant-Gram Panchayat from interfering into the suit property which is in his possession.
According to the appellant, he is in possession of the suit land as non-occupancy tenant under the defendant Gram Panchayat since the crop of Kharif 1962. Since the defendantrespondent wanted to interfere into the possession of the appellant in the suit property, necessity arose to file the instant suit. The suit was contested on the ground that the appellant was
never in possession of the suit land as non-occupancy. It has
Kumar Ashwani 2013.08.01 10:42 I attest to the accuracy and integrity of this document High Court Chandigarh
RSA No.1069 of 1987
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been also alleged that one Kartar Singh son of Inder Singh was in possession of the suit land as lessee. It has been further alleged that the respondent-Gram Panchayat is leasing out the suit land on year to year basis and the appellant has been shown in possession of the suit land in the column of cultivation in the revenue records wrongly. On the basis of evidence on record, the trial Court held that the appellant was recorded to be in possession of the suit land in the year 1963 when the suit land was leased out to him only for one year i.e. 1962-63. After that, the Gram Panchayat leased out the land to various other persons and the appellant has failed to bring on record that he was in possession of the suit land and thus, the suit was dismissed. The findings of the trial Court have been upheld by the appellate Court, observing that the land has been auctioned to various persons on year to year basis from 1976 onwards.
The instant appeal has been filed on behalf of the appellant to challenge the aforesaid findings.
This appeal pertains to the year 1987.
No one has put in appearance on behalf of the appellants to argue the case.
Dismissed in default.
Let a copy of this order be sent to the appellant through registered post at his last known address.
July 29, 2013
[RAKESH KUMAR GARG]
Kumar Ashwani 2013.08.01 10:42 I attest to the accuracy and integrity of this document High Court Chandigarh
RSA No.1069 of 1987
3
ak JUDGE
Kumar Ashwani 2013.08.01 10:42 I attest to the accuracy and integrity of this document High Court Chandigarh
Jeet Singh @ Ajit Singh
Gram Panchayat Kunal
Rakesh Kumar Garg
As recorded by the court registry
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