Massa Singh (Now Deceased) Through Lrs vs Gurcharan Singh
2024 Latest Caselaw 7556 P&H

Punjab-Haryana High Court

Massa Singh (Now Deceased) Through Lrs vs Gurcharan Singh on 9 April, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                Neutral Citation No:=2024:PHHC:048481




                                              2024:PHHC:048481
155 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                        RSA-2878-2019 (O&M)
                                        Date of decision: 09.04.2024

Massa Singh (now deceased) through LR
                                               ....Appellant

            Versus

Gurcharan Singh
                                              ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-   Mr. B.S.Jaswal, Advocate for the appellant

ANIL KSHETARPAL, J (Oral)

1. This is the plaintiff's Regular Second Appeal against the

concurrent findings of fact arrived by the courts below while dismissing

his suit for possession by way of ejectment of a tenant from the shop.

The plaintiff claims that the defendant is in possession as a tenant and

the tenancy has been terminated by serving a notice under Section 106

of the Transfer of Property Act, 1882. The defendant, while contesting

the suit, claims that the suit is barred under Section 11 of the Code of

Civil Procedure, 1908 as defendant had filed a previous suit against the

plaintiff, which was decreed on 21.08.2012 and defendant is in

possession as an owner. The trial court dismissed the suit, which has

been affirmed by the First Appellate Court. It has been found that the

plaintiff has failed to prove that he is owner and he ever inducted the

defendant as tenant.

2. Though, the learned counsel representing the appellant

made sincere attempt, however, failed to draw the attention of the Court

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Neutral Citation No:=2024:PHHC:048481

RSA-2878-2019 (O&M) 2 2024:PHHC:048481

to any substantive mis-reading, non-reading or perversity in the

judgments passed by the courts below.

3. Keeping in view the aforesaid facts, no ground to interfere

is made out.

4. Hence, dismissed.

5. All the pending miscellaneous applications, if any, are also

disposed of.

09.04.2024                                      (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




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