PRABHJEET SINGH AND ANR. vs JAGDISH SINGH KHERA AND ANR.

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HIGH COURT OF PUNJAB AND HARYANA
PRABHJEET SINGH AND ANR. – Appellant
Versus
JAGDISH SINGH KHERA AND ANR. – Respondent
CR 1769 2023

2023:PHHC:141515

CR-1769-2023(O&M)

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

119+291

CR-1769-2023(O&M)

Date of decision: 06.11.2023

Prabhjeet Singh and Anr.

....Petitioners

Versus

Jagdish Singh Khera and Anr.

...Respondents

CORAM:-

HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:-

Mr. Vikas Kumar, Advocate for the petitioners.

Mr. Sachit Khurana, Advocate for respondent No.1.

*****

AMARJOT BHATTI, J.

The petitioners/defendants No.1 and 2 have filed civil revision

under Article 227 of the Constitution of India against order dated 14.12.2022

(Annexure P-4), passed by learned Civil Judge (Junior Division), Chandigarh

vide which the application filed by the petitioners/defendants No.1 and 2

under Order 7 Rule 11 CPC for the rejection of plaint has been wrongly

dismissed.

The learned counsel for the petitioners/defendants No.1 and 2

argued that Saravjeet Singh @ Sarabjeet Singh father of the present

petitioners filed civil suit bearing No.12016 of 02.02.2013 in the Court of

Civil Judge (Junior Division), Chandigarh for the ejectment of Sunil Kumar

Gupta from two sheds along with recovery of rent and mesne profit. Said

Sunil Kumar Gupta stopped making payment of rent. The plaintiff- Saravjeet

Sunil Devi

2023.11.09 16:45

I attest to the accuracy and

integrity of this document

2023:PHHC:141515

CR-1769-2023(O&M)

-2-

Singh @ Sarabjeet Singh served legal notice dated 03.12.2012 for termination

of tenancy under Section 106 of Transfer of Property Act. The said suit filed

by the father of the petitioners/defendants No.1 and 2 was contested by Sunil

Kumar Gupta which was ultimately decreed vide judgment and decree dated

04.05.2015. Thereafter, Sunil Kumar Gupta filed Civil Appeal No.307 of

29.05.2015 which was dismissed vide judgment and decree dated 19.02.2016

passed by learned Additional District Judge, Chandigarh. Thereafter, he filed

RSA No.1599 of 2016 in which the Hon’ble High Court refused to extend the

interim order on account of non-compliance of the undertaking given by

appellant-Sunil Kumar Gupta. Now the matter is pending before the

Executing Court. Thereafter, Sunil Kumar Gupta in connivance with Ramesh

Chander and Suresh Chander sons of Jagdish Chander got filed a suit for

possession against himself i.e. Sunil Kumar Gupta without disclosing about

the aforesaid litigation. In that case Sunil Kumar Gupta admitted the claim of

Ramesh Chander and Suresh Chander which was ultimately decreed vide

judgment and decree dated 01.08.2018. Saravjeet Singh @ Sarabjeet Singh

came to know about this, he challenged the same in Civil Suit No.2517 of

2018 which is pending for adjudication. Thereafter, the present suit has been

filed by Jagdish Singh Khera through power of attorney Sunil Kumar Gupta

against the present petitioners. The copy of plaint is Annexure P-1. The

present petitioners/defendants No.1 and 2 appeared and filed application

under Order 7 Rule 11 CPC which is contested by the plaintiff and the said

application has been declined by passing impugned order dated 14.12.2022.

The copy of application,

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HIGH COURT OF PUNJAB AND HARYANAPRABHJEET SINGH AND ANR. – AppellantVersusJAGDISH SINGH KHERA AND ANR. – RespondentCR 1769 2023

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HIGH COURT OF PUNJAB AND HARYANA
PRABHJEET SINGH AND ANR. – Appellant
Versus
JAGDISH SINGH KHERA AND ANR. – Respondent
CR 1769 2023