Dismissed

Mahant Gurpartap Dass v. Sant Kalyan Dass

Punjab & Haryana HC13 May 2014RSA/1384/2012

Case brief

AI extract

What is this about?

This High Court dismissed two appeals against consolidated orders in two possessory suits concerning suit land in village Mundapind. The court held that the trial court correctly decreed for the respondent and dismissed the plaintiff's suit. The lower appellate court modified findings to designate the respondent as the manager of the property. The appeal court found no merit in the challenges and

What did the court decide?

Both appeals (RSA No.1384 of 2012 and RSA No.1433 of 2012) are dismissed.

Mahant Gurpartap Dass Vs Sant Kalyan Dass — Property and Title | Punjab & Haryana HC (2014)

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vinod kumar 2014.05.26 11:11 I attest to the accuracy and integrity of this document Chandigarh

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[ 1 ]

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RSA No.1384 of 2012 (O&M) RSA No.1433 of 2012 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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(1) RSA No.1384 of 2012 (O&M) Date of decision:13.05.2014

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Mahant Gurpartap Dass Chela Mahant Sunder Dass ...Appellant

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Versus

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Sant Kalyan Dass Chela Mahant Arjan Dass ...Respondent

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(2) RSA No.1433 of 2012 (O&M) Date of decision:13.05.2014

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Mahant Gurpartap Dass Chela Mahant Arjan Dass ...Appellant Versus

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Sant Kalyan Dass ...Respondent

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CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

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Present: Mr. Avtar Singh, Advocate, for the appellant. *****

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RAKESH KUMAR JAIN, J .

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The appellant has filed two appeals arising out of two suits bearing Civil Suit No.419 of 19.04.1995 and Civil Suit No.420 of 31.10.1996. Both the suits were consolidated on 09.09.1997. In Civil Suit No.419, the plaintiff (respondent herein) had prayed for permanent injunction to restrain the defendant (appellant herein) from interfering and dispossessing him from the suit land measuring 96 kanal 9 marlas, situated in the area of village Mundapind, Tehsil Tarn Taran, and in Civil Suit No.420, the plaintiff (appellant herein) has prayed for injunction to restrain

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[ 2 ]

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vinod kumar 2014.05.26 11:11 I attest to the accuracy and integrity of this document Chandigarh

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RSA No.1384 of 2012 (O&M) RSA No.1433 of 2012 (O&M)

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the defendant (respondent herein) from interfering in his cultivating possession of the suit land and in the alternative, also for possession of the suit land.

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The Trial Court decreed the suit of the respondent herein and restrained the appellant herein from interfering in his possession, whereas the suit filed by the appellant herein was dismissed. Accordingly, two appeals were filed before the lower Appellate Court by the appellant herein bearing Civil Appeal No.157 and 273. Both the appeals were consolidated and dismissed with modification in the findings regarding the right of plaintiff Kalyan Dass, wherein he has been held to be the owner. It is ordered by the lower Appellate Court that status of Kalyan Dass would be of a Manager of the suit property. Still aggrieved, the appellant has preferred these two appeals bearing RSA No.1384 and 1433 of 2012.

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Learned counsel for the appellant has made a half-heartedly attempt to challenge the findings of the Courts below and has failed to point out any error which may be termed as a substantial question of law for the purpose of interference in these appeals.

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Consequently, both the appeals are found to be without any merit and are dismissed.

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(RAKESH KUMAR JAIN) JUDGE

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May 13, 2014 vinod*

Mahant Gurpartap Dass v. Sant Kalyan Dass

Case brief

What is this about?

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Mahant Gurpartap Dass v. Sant Kalyan Dass

Case brief

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