Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Balwant Singh (Deceased) Through Lrs – Appellant
Versus
Municipal Corporation Of Amritsar – Respondent
Judgment :
Virinder Aggarwal, J.
The plaintiff-appellant has preferred the present Regular Second Appeal (for short, 'RSA') assailing the judgment and decree dated 08.06.1999 passed by the learned First Appellate Court, whereby the decree of the learned Sub-Judge 1st Class, Amritsar, was modified.
2. The factual backdrop, as emerges, is that the appellant/plaintiff instituted a suit for permanent injunction seeking to restrain the defendant-Corporation from interfering with his possession or dispossessing him forcibly from the suit land, fully detailed and described in the head-note of the plaint. The plaintiff asserted ownership over the suit property and averred that the defendant-Corporation had no right, title, or interest therein. The defendant-Corporation, in its written statement, controverted the claim, pleading that the plaintiff was an unauthorized occupant and that the Corporation was legally entitled to evict him and to recover/claim damages for use and occupation of the suit land."
3. Upon consideration of the pleadings of the parties, the Court was pleased to frame the following issues for determination, so as to adjudicate the rival claims effectively:-
1. Whether the pla
Second appeals in Punjab are treated under Section 41 of the Punjab Courts Act, 1918, limiting the scope of judicial review to legal infirmities without framing substantial questions of law.
In landlord-tenant disputes, a suit for injunction can be maintainable following adequate notice of tenancy termination, regardless of title disputes.
The Regular Second Appeal in Punjab and Haryana is governed by Section 41 of the Punjab Courts Act, 1918, not Section 100 of the CPC, reaffirming the binding nature of prior judgments on possession.
Ownership must be proven with valid title documents; revenue authorities cannot resolve title disputes.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
