Ramjit vs Tarsem Lal And Anr
2023 Latest Caselaw 12099 P&H

            114                                                          2023:PHHC:101408
                      IN THE HIGH COURT OF PUNJAB AND HARYANA
                                    AT CHANDIGARH

                                                                   RSA-470-2019(O&M)
                                                     Date of Decision: August 07, 2023

            RAMJIT                                                           ........Appellant
                                               Versus
            TARSEM LAL AND ANR                                         ........Respondents


            CORAM:             HON'BLE MR. JUSTICE HARKESH MANUJA

            Present:           Mr. Sandeep Bansal, Advocate for appellant.

                                                    ****

            HARKESH MANUJA, J. (ORAL)

By way of present appeal, challenge has been laid to the

judgments and decrees dated 07.12.2015 and 08.08.2018 passed by

the Courts below whereby suit for declaration and permanent injunction

filed at the instance of appellant-plaintiff stands dismissed.

2. Briefly stating, the appellant-plaintiff filed a suit for

declaration impugning the revenue entries showing respondent-

defendant no.1 as Saunjidar over the land in question, besides claiming

the consequential relief of permanent injunction for restraining the

respondent-defendant No.1 interfering in the peaceful possession of the

appellant-plaintiff.

3. On the other hand, in the written statement stand taken by

respondent-defendant No.1 was that he was in possession of the suit

property as Saunjidar being successor of the previous pujari and his

possession was even supported from the revenue entries. The trial

Court vide judgment and decree dated 07.12.2015 dismissed the suit

filed by the appellant-plaintiff.

TEJWINDER SINGH 2023.08.09 17:43 I attest to the accuracy and integrity of this document 2023:PHHC:101408

RSA-470-2019(O&M) -2-

4. Aggrieved thereof, the First Appeal was filed which also

came to be dismissed vide judgment and decree dated 08.08.2018

passed by the Court of Ld. Addl. District Judge, Hoshiarpur.

5. Impugning the aforesaid judgments and decrees passed by

the Courts below, learned counsel for the appellant submits that the suit

should not have been dismissed on the ground of locus standi as the

appellant sought filing of suit, invoking Order 1 Rule 8 CPC as well as

Section 91 thereof. No other argument has been addressed.

6. I have heard learned counsel for the appellant and have

gone through the paper-book.

7. From the documents available on record it cannot be

inferred that Section 91 of CPC was ever got invoked at the instance of

appellant-plaintiff. Even in the application filed at the instance of

appellant-plaintiff under Order 1 Rule 8 CPC before the trial Court,

which has been read over before this Court at the time of hearing,

nothing has been mentioned as regards any public nuisance or other

wrongful act affecting the public at large in the application which in fact

is sine qua non for invoking Section 91 of CPC. In the absence thereof,

no plea of seeking permission or fling the suit under Section 91 of CPC

can be entertained in this Second Appeal.

8. Besides it, a perusal of judgments and decrees passed by

the Courts below show that as per the consistent revenue records, the

respondent-defendant No.1 has been recorded and shown to be in

possession of the suit property having succeeded the same from his

predecessor, Smt. Karmi Devi though, the Gram Panchayat recorded TEJWINDER SINGH 2023.08.09 17:43 I attest to the accuracy and integrity of this document 2023:PHHC:101408

RSA-470-2019(O&M) -3-

as its owner. Moreover, no documentary evidence has been produced

on record to rebut the revenue entries of jamabandi which carry

presumption of truth unless controverted with substantial evidence.

9. In view of the discussions made hereinabove and

considering the findings recorded by the Courts below, wherein I do not

find any illegality or perversity, thus being devoid of merit, the present

appeal and the same is dismissed.

            07.08.2023                                  ( HARKESH MANUJA )
            tejwinder                                         JUDGE


                                   Whether speaking/reasoned   Yes/No
                                      Whether Reportable       Yes/No




TEJWINDER SINGH
2023.08.09 17:43
I attest to the accuracy and
integrity of this document