Satbir @ Satbir Singh vs Subhash Chand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2797

ARUN MONGA
Satbir @ Satbir Singh – Appellant
Versus
Subhash Chand – Respondent

Advocates Appeared:
Mr. Jarnail Singh Saneta, Advocate for appellants.

JUDGMENT

Arun Monga J. (Oral)

For convenience, parties herein are addressed as per the recitals before learned trial Court.

2. Having suffered concurrent adverse findings by the two Courts below, appellant-defendants are in second appeal before this Court assailing learned trial Court judgment and decree dated 14.12.2019, as upheld by learned First Appellate Court vide its judgment and decree dated 20.01.2023, decreeing the suit of plaintiff-respondents for permanent injunction for restraining defendant-appellants from interfering in their peaceful settled possession over suit property.

3. Briefly stated, facts, as noticed by learned Courts, are as below:

3.1 Haryana Wakf Board is the owner of the suit property, which was leased out in favour of father of plaintiffs, namely, Late Sh. Tilu Ram S/o Roshan Lal & plaintiff No.1 jointly vide Lease order no.24/Lease-Urban/F no. 1369/515/9643 dated 28.10.1985 w.e.f. 01.08.1984. After completing the lease formalities, plaintiffs were originally put in actual physical possession of plot measuring 78 sq. yards (including the suit property) by local official of the Wakf Board, Panipat for using the same. Plaintiffs thus came into the possessio