The single-judge High Court dismissed an appeal filed by Sain Dass against a lower court decree upholding the Municipal Committee Batala's exclusive title to disputed property. The court disposed of the matter in default due to the appellant's non-appearance.
The appeal was dismissed in default.
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RSA No.1202 of 1991
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.1202 of 1991 Date of decision:22.05.2014
Sain Dass
....Appellant
Versus
Municipal Committee Batala
....Respondent
CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present:- None.
RAKESH KUMAR GARG, J (ORAL)
Sain Dass-plaintiff/appellant filed a suit for permanent injunction against the Municipal Committee Batala restraining it from blocking the passage or raising any construction or any part of the passage in front of his house and shop.
The committee contested the suit alleging that plaintiff had illegally and forcibly occupied the property belonging to the Municipal Committee. He was dispossessed from the same and thereafter he filed civil suit No.274 dated 17.9.1976 in respect of the suit property which was dismissed on 3.5.1979. The appeal against the aforesaid judgment and decree was also dismissed by the Additional District Judge, Gurdaspur on 23.7.1980 and the site in dispute vests in the Municipal Committee exclusively and thus, the suit was liable to be dismissed.
Kadian Savita 2014.05.26 09:44 I attest to the accuracy and integrity of this document High Court Chandigarh
RSA No.1202 of 1991
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Both the Courts below after considering the evidence led in the case recorded a concurrent finding against the appellant and dismissed the suit and appeal respectively.
No substantial questions of law have been framed in this
appeal.
No one present on behalf of the appellant.
In view thereof, this appeal is dismissed in default.
A copy of this order be sent to the appellant at his
address given in the memo of parties by way of registered post.
May 22, 2014 (RAKESH KUMAR GARG) savita JUDGE
Kadian Savita 2014.05.26 09:44 I attest to the accuracy and integrity of this document High Court Chandigarh
Sain Dass
Municipal Committee Batala
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
