CR No. 6124 of 2001

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR No. 6124 of 2001

Date of decision:- 2.12.2010

G.D. Goenka Tourism Corporation Ltd.

......petitioner

vs.

Dan Singh and ors

......respondents

CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA

Present: -

Ms. Shriya Chahar Panjeta, Advocate

for the petitioner

HEMANT GUPTA, J (ORAL)

Defendant is in revision aggrieved against the order passed by

learned First Appellate Court on 22.9.2001, whereby the defendant was

restrained from interfering into the possession of the plaintiffs over the suit

land till the decision of the suit except in due course of law.

The plaintiffs filed a suit for permanent injunction challenging

the exchange whereby the defendant got exchanged their land on 19.4.1999

with Tej Ram. Thus, the defendant claimed right over the suit property. In

the said suit, plaintiffs filed an application for ad interim injunction as well,

which was declined by the learned trial Court. Learned trial Court has

returned a finding that the jamabandi entry for the year 1992-1992

recorded, Ganga Ram and Radhey as Gair Marusi tenant stands rebutted by

the defendant. Therefore, the plaintiffs is n