Appeal against dismissal of a possession suit. The High Court held the appeal governed by the Punjab Courts Act 1918. Rejected the claim for the demarcation variance and dismissed the appeal.
The appeal filed by Shampuran Singh against the dismissal of his possession suit has been dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
101
In the High Court of Punjab and Haryana, at Chandigarh
Regular Second Appeal No. 888 of 1990 (O&M)
Date of Decision: 19.12.2022
Shampuran Singh
... Appellant(s)
Versus
Harnek Singh and Others
... Respondent(s)
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. V.Ramaswaroop, Advocate for the appellant(s). Mr. P.S.Punia, Advocate for the respondents.
Anil Kshetarpal, J.
Regular Second Appeal No. 888 of 1990 (O&M) 2
complete except that the Northern side of killa No.4 was less by one karam. Keeping in view the aforesaid facts, both the Courts below have dismissed the suit.
(Anil Kshetarpal) Judge
December 19, 2022 “DK” Whether speaking/reasoned :Yes/No Whether reportable : Yes/No
DEEPAK KUMAR BHARDWAJ 2022.12.22 11:24 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether the regular second appeal over a possession suit should be governed by Section 41 of the Punjab Courts Act, 1918 instead of Section 100 of the CPC.
Whether theLower Courts erred in dismissing the plaintiff's suit for possession of land where demarcation found slight variation.
Whether interference is warranted when the plaintiff claims encroachment on the Eastern side but claims possession of the entire land.
Colour shows how this judgement treated each authority
Pankajakshi (Dead) through LRs v. Chandrika and OthersFollowed¶1
Pankajakshi (Dead) through LRs v. Chandrika and Others (2016) 6 SCC 157 · Who else cites this
2 provisions across 2 enactments
Shampuran Singh
Harnek Singh
Anil Kshetarpal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
