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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Babban Zaidi – Appellant
Versus
Daljit Singh – Respondent
| Table of Content |
|---|
| 1. condonation of delay granted upon sufficient cause. (Para 1 , 2) |
| 2. factual background and procedural history of the possession dispute. (Para 3 , 4 , 5 , 7) |
| 3. section 6(3) of the specific relief act bars appeals against summary possession judgments. (Para 6 , 8 , 9 , 10) |
JUDGMENT :
VIRINDER AGGARWAL, J.
CM-565-C-2026
1. The applicant/appellant has preferred the instant application under Section 5 of the Limitation Act, 1963, praying for the condonation of a 66 days delay encountered in the filing of the present appeal. The applicant seeks the indulgence of this Court to overlook the procedural lapse in timing to allow the matter to be heard on its merits.
2. Upon due consideration of the grounds and averments set forth in the application, this Court finds that sufficient cause has been shown to justify the delay. Accordingly, the application is allowed, and the delay of 66 days in filing the instant appeal is hereby condoned, subject to all just exceptions.
Main Case
3. The present Regular Second Appeal (hereinafter referred to as ‘RSA’) has been preferred to assail the concurrent findings, judgments, and decrees of the courts below. Specifically, the appellant challeng
An appeal or review is not maintainable against any order or decree passed in a summary suit for recovery of possession instituted under the specific statutory provision, as the law explicitly bars s....
The main legal point established in the judgment is the interpretation of the word 'dispossessed' in triggering the cause of action for filing a suit under Sec. 6 of the Specific Relief Act, emphasiz....
The main legal point established in the judgment is that suits for recovery of possession under Section 6 of the Act of 1963 must be filed within six months of dispossession, and the title of the par....
The court ruled that a suit under Section 6 of the Specific Relief Act requires proof of dispossession within six months, and the limitation period begins from the date of dispossession, not from the....
The court reaffirmed that in suits under Section 6 of the Specific Relief Act, the focus is solely on possession and unlawful dispossession, not on the title of the property.
Under Section 6 of the Specific Relief Act, courts can only adjudicate possession issues and not title disputes in cases of dispossession within six months.
Recovery of possession of property – Illegal usurper of property can be legally evicted therefrom under Section 6 of Specific Relief Act, 1963.
In a suit under Section 6 of the Specific Relief Act, the focus is solely on possession and dispossession, not on title, and plaintiffs must prove they were in possession within six months prior to f....
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