Mahabir (Since Deceased) through his Legal Representatives vs Zile Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 585

ANIL KSHETARPAL
Mahabir (Since Deceased) through his Legal Representatives – Appellant
Versus
Zile Singh – Respondent

Advocates:
Advocate Appeared:
For the Appellant : R.A. Sheoran.
For the Respondent: Jagjeet Beniwal.

JUDGMENT :

ANIL KSHETARPAL, J.

1. The Regular Second Appeal in the States of Punjab and Haryana and Union Territory, Chandigarh is governed by Section 41 of the Punjab Courts Act, 1918 and not by Section 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs. v. Chandrika and Others, 2016 (6) SCC 157.

2. In this regular second appeal, the defendants assails the correctness of the concurrent findings of facts arrived at by both the Courts below while decreeing the plaintiffs' suit for the grant of permanent injunction restraining the defendants from interfering in their peaceful possession over the land measuring 6 kanals and 13 marlas comprised in killa No. 86/16.

3. In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed. The plaintiffs filed a suit claiming that their father Badlu Ram had been in cultivating possession of the suit property as a tenant at the yearly rent of Rs.400/- and the defendant No. 2, who had purchased the land measuring 8 marlas from Suraj Bhan in the disputed property vide registered sale deed dated 16.05.2006, should be restr

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