Saini Bhawan (Dharamshala) vs Lal Singh
2024 Latest Caselaw 7840 P&H

Punjab-Haryana High Court

Saini Bhawan (Dharamshala) vs Lal Singh on 15 April, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                       Neutral Citation No:=2024:PHHC:050104



CR-4893 of 2018 (O&M)          -1-                  2024:PHHC:050104

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                                   CR-4893 of 2018 (O&M)
                                                 Date of Order:15.04.2024

Saini Bhawan (dharamshala)
                                                                    .Petitioner
                                     Versus

Lal Singh                                                       ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. J.S.Hooda, Advocate for the petitioner.

Mr. Amit Jain, Advocate for the respondent.

ANIL KSHETARPAL, J

1. The petitioner herein is the Judgment Debtor. The respondent

filed a suit for mandatory injunction with consequential relief of permanent

injunction directing the petitioner-Saini Bhawan (Dharamshala) through its

President for issuing directions to allot him one shop. The President of the

Saini Sabha, appeared and stated that the plaintiff has already deposited

Rs.10,000/- and when the construction is completed by Saini Sabha, the

plaintiff will be allotted a shop on priority basis. The operative part of the

judgment passed by the trial Court on 26.02.2013, reads as under:-

"In view of the statement, the suit of the plaintiff is decreed. The defendant shall remain bound by this statement. A decree of mandatory injunction is passed in favour of the plaintiff directing the defendant to allot a shop of the Dharamshala on priority basis on the basis of receipt no.128, dated 21.06.2006. Decree sheet be drawn accordingly. File be consigned to record room after due compliance."

2. The plaintiff filed execution petition. The petitioner filed

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Neutral Citation No:=2024:PHHC:050104

CR-4893 of 2018 (O&M) -2- 2024:PHHC:050104

objection petition, which has been dismissed by the trial court.

3. This Bench has heard the learned counsel representing the

parties at length and with their able assistance perused the paper book.

4. From perusal of the paper book, it is evident that the decree

passed by the trial court on 26.02.2013, is vague. It has not been specified

what would be the terms of allotment, whether it will be allotted on lease or

licence, what would be the lease amount, the period for which the lease is to

be created is also not given.

5. The shop is required to be constructed by Saini Sabha, which is

an Association or Society representing a particular community. Even Saini

Sabha is not a party. The Executing Court has not adverted to these facts.

6. Keeping in view the aforesaid facts and discussion, the

impugned order is set aside while requesting the Executing Court to pass a

fresh order after examining that whether the decree passed can be

implemented or not?

7. With these observations, the revision petition is disposed of.

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

disposed of.

April 15, 2024                                         (ANIL KSHETARPAL)
nt                                                          JUDGE


Whether speaking/reasoned                :YES/NO
Whether reportable                       :YES/NO




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