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2009 Supreme(SC) 231

TARUN CHATTERJEE, V.S.SIRPURKAR
Babu Lal – Appellant
Versus
Haryana State Agricultural Mkt. Board – Respondent


Advocates appeared: For the Appellant:Manish Sharma, C.L. Sahu Advocates. For the Respondent Rajesh Mahindru, Sarad Kumar Singhania Advocates.

Judgment :-

Tarun Chatterjee, J.

1. Leave granted.

2. This is a plaintiffs appeal in a suit for a decree for payment of salary from 2nd of November, 1995 to 30th of March, 2001 and for other incidental reliefs which is directed against the judgment dated 27th of November, 2006 passed by the High Court of Punjab and Haryana at Chandigarh in RSA No.2795 of 2005 (O & M) whereby the High Court had allowed the second appeal and dismissed the suit of the plaintiff - appellant.

3. The parties went into trial and adduced evidence in support of their respective cases. After framing issues and after considering the evidence, documentary and oral, the trial Court dismissed the suit. In appeal, the appellate court, relying on a judgment of this Court in the case of Union of India etc. etc. vs. K.V.Jankiraman etc. etc. [AIR 1991 SC 2010] reversed the decision of the trial court and decreed the suit of the plaintiff - appellant. In the second appeal, the High Court relied on the aforesaid decision of this Court on which reliance was also placed by the appellate court, but after applying the principles laid down in the said decision and also on consideration of Exhibit P-5 held that the appellant






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