Dismissed

Rajesh Kumar v. Dilbag Singh @ Balkar Singh & Ors.

Punjab & Haryana HC13 May 2014RSA/2132/2011

Case brief

AI extract

What is this about?

A second appeal by an appellant seeking possession based on a sale deed was dismissed. The appellant failed to prove the owner's title, the property was unidentified, and the court drew an adverse inference for not producing the best witness alive.

What did the court decide?

Any challenge to judgments and decrees of courts below dismissing the suit for possession is dismissed accordingly.

Rajesh Kumar Vs Dilbag Singh @ Balkar Singh & Ors. — Property and Title | Punjab & Haryana HC (2014)

¶1

�� 

¶2

��

¶3

Date of decision: 13^th May, 2014

Rajesh Kumar

� Appellant

Versus

Dilbagh Singh @ Balkar Singh and another

¶8

� Respondents

¶9

�� !��"��"��

¶10

Whether Reporters of Local Newspapers may be allowed to see the judgment?

¶11

Whether to be referred to the Reporters or not?

¶12

Whether the judgment should be reported in the Digest?

¶13

Present: Mr. Gaurav Grover, Advocate for Mr. Gaurav Jain, Advocate for the appellant.

¶14

��"��"��#��!�

¶15

This is plaintiff’s second appeal challenging judgments and decrees of the Courts below whereby his suit for possession on the basis of a sale deed dated 08.09.2006 has been dismissed holding that the appellant has failed to prove his title over the suit property.

¶16

It is a matter of record that the appellant has failed to produce evidence to the effect that Shanti Devi, under whom he is claiming title of the suit property, was the owner of the suit property and competent to execute the sale deed in his favour. A further finding has been recorded by the courts below that even the property in

¶17

Singh Rattan Pal 2014.05.19 15:18 I attest to the accuracy and integrity of this document Punjab & Haryana High Court

¶18

¶19

��

¶20

dispute is not identified. Not only this, an adverse inference has been drawn against the appellant on the ground that though Shanti Devi, who was the best witness to prove the title of the appellant, was not brought into the witness box despite the fact that she was alive.

¶21

In view of the aforesaid findings recorded by the Courts below and in the absence of any material evidence pointed out before this Court to controvert the said findings, I find no merit in this appeal as no substantial question of law arises therein.

Dismissed.

��"��"�� 

�$%��#��&� ��

Singh Rattan Pal 2014.05.19 15:18 I attest to the accuracy and integrity of this document Punjab & Haryana High Court

Rajesh Kumar v. Dilbag Singh @ Balkar Singh & Ors.

Case brief

What is this about?

What did the court decide?

Rajesh Kumar v. Dilbag Singh @ Balkar Singh & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kundan Singh and Ors. Vs Chanda and Ors.

Surjit Singh Vs Manjit Singh Katoch and Ors.

Kuljinder Singh Vs Paramjit Kaur and Ors.

Gurdial Kaur and Anr. Vs Gurdev Singh and Ors.

Amar Singh Vs Santosh Kumar and Ors.

Ranbir Singh Vs Pawan Kumar etc.