SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1976 Supreme(HP) 18

R.S.PATHAK
ROSHAN LAL – Appellant
Versus
RATTO – Respondent


Advocates Appeared:
R.N. Malhotra, for Petitioner P.N. Nag, for Respondent.

ORDER

1. This is a plaintiffs revision petition against an appellate order of the learned District Judge, Kangra vacating an interim injunction granted by the trial court. 1A. The plaintiff, Roshan Lal, purchased a parcel of land of which the defendant, Ratto, was tenant, Ratto filed a suit for possession by way of pre-emption and was held entitled to pre-empt a one third share of the land. Accordingly, he became owner of the one third share. Roshan Lal instituted partition proceedings, and the Assistant Collector made an order directing partition. Physical possession of a two third share was delivered to Roshan Lal, Ratto applied to the Assistant Collector that physical possession had been wrongly delivered to Roshan Lal inasmuch as he, Ratto, continued as tenant in that share of the land. The Assistant Collector accepted the plea, and ordered physical possession restored to Ratto. An appeal by Roshan Lal was rejected by the Collector. On April 25, 1973 Roshan Lal filed the present suit for a declaration that he was the owner in possession of the land and for a permanent injunction restraining Ratto from interfering with his possession. Roshan Lal also applied under rules 1 and 2 o






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top