Kehar Singh vs Champa Devi And Ors
2023 Latest Caselaw 19768 P&H

                                                            Neutral Citation No:=2023:PHHC:145148




                                                               2023:PHHC: 145148
RSA-2105-2023 (O&M)                                                           --1--

     125 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                              CHANDIGARH

                                               RSA-2105-2023 (O&M)
                                               Decided on:-15.11.2023


Kehar Singh                                                       ....Appellant..

                               vs.

Champa Devi and others                                            ....Respondents.

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:      Mr. Sanjay Verma, Advocate,
              for the appellant.

              *****

HARKESH MANUJA J. (Oral)

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

judgments and decrees dated 30.03.2015 and 05.11.2022 passed by the

Courts below, whereby, suit for possession by way of pre-emption as well as

for permanent injunction, filed at the instance of appellant-plaintiff, stands

dismissed.

2. Very briefly, claiming himself to be a "gair mairusi" tenant

over 14 marla being 1/8th share of land measuring 05 kanal-12 marla

comprised in Khewat/Khatauni No.1342/1563, Khasra No.46//23/2, 24/1

situated in village Bilaspur, Hadbast No.279, Tehsil Jagadhri, District

Yamuna Nagar (Haryana), appellant-plaintiff filed a suit for possession by

way of pre-emption, while stating that the same was sold by the original

owner namely Asha Rani in favour of respondent No.1 (Champa Devi) vide

registered sale deed dated 09.12.2005, affecting his rights of pre-emption.

Permanent injunction regarding further alienation was also prayed.

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RSA-2105-2023 (O&M)                                                         --2--

3. On the other hand, claim made in the suit was denied by the

respondents-defendants while having filed a detailed written statement. The

factum of relationship of tenancy between the appellant-plaintiff and the

original owner (Asha Rani) was disputed while submitting that the

appellant-plaintiff was merely recorded as a "gair mairusi" in the jamabandis

as the entry/column of rent was blank.

4. The Trial Court vide its judgment and decree dated 30.03.2015,

dismissed the suit filed at the instance of appellant-plaintiff. Aggrieved

thereof, the appellant-plaintiff filed first appeal, however, the same was

dismissed by First Appellate Court vide its judgment and decree dated

05.11.2022.

5. Impugning the aforementioned judgments and decrees passed

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

Courts went wrong while non-suiting the appellant-plaintiff in ignorance of

the revenue documents available on record having held that his tenancy over

the land in question was not proved. No other arguments have been

addressed.

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

the paper book. I am unable to find substance in the submissions made on

behalf of the appellant.

7. In the present case, from the evidence available on record, it is

evident that appellant-plaintiff was never proved to be a tenant over the

property in question. The possession of the appellant-plaintiff was recorded

as "gair mairusi" and column No.9 i.e. of rent was blank. Besides it, the

appellant-plaintiff failed to prove on record any documentary or oral

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2023:PHHC: 145148 RSA-2105-2023 (O&M) --3--

evidence as regards payment of rent in favour of the original owner i.e.

Smt. Asha Rani and thus failed to prove his tenancy over the suit property.

8. In view of the discussion made herein-above, finding no

illegality or perversity with the concurrent findings of fact recorded by the

Courts below, there being no overlooking of the material available on

record, re-appreciation of pleadings and the evidence being impermissible,

the present appeal being devoid of merits is thus, dismissed.

9. Pending applications if any stand disposed of.

15.11.2023                                                (HARKESH MANUJA)
sonika                                                          JUDGE
          Whether speaking/reasoned:            Yes/No
          Whether reportable:                   Yes/ No




                                                            Neutral Citation No:=2023:PHHC:145148

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