Firm Messers National Wollen Mills Through Shri Charanjit Kapoor vs Bubber Containers (P) Limited Through Directors

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 572

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Firm Messers National Wollen Mills Through Shri Charanjit Kapoor – Appellant
Versus
Bubber Containers (P) Limited Through Directors – Respondent

Advocates Appeared:
For the Appellant :Mr. Akshay Bhan, Senior Advocate with Mr. Santosh Sharma, Advocate
For the Respondent:Mrs. Munisha Gandhi, Senior Advocate and Mr. Suvineet Sharma, Advocate with Ms. Salina Chalana and Mr. Adarsh Dubey, Advocates

JUDGMENT :

Pankaj Jain, J. (Oral)

1. Plaintiff is in second appeal.

2. These two instant appeals will dispose off two cross-appeals directed against the same judgment.

3. For convenience, parties are hereinafter referred to by their original positions as in the suit i.e. appellant as plaintiff and respondents as defendants.

4. RSA-1047-2014 is at the behest of the plaintiff and RSA-5927-2015 is at the behest of the defendants.

5. Plaintiff filed a suit for permanent injunction, seeking decree of restraint against the defendants from interfering in his peaceful possession over the industrial plots bearing Nos.16, 17, 24 & 25 situated in Industrial Development Colony near Guru Nanak Dev University, Amritsar. It was claimed that the plots in question, were allotted in favour of the plaintifffirm and the firm is in possession as owners thereof.

6. Suit was resisted by the defendants for denying the ownership of the plaintiff.

7. It was claimed that the property in fact never vested in the partnership firm. The defendants are allottee under the Industries Department, State of Punjab and are thus real owner thereof.

8. On the basis of pleadings, following issues were framed:-

"1) Whether the plain