Punjab-Haryana High Court
Rattan Kaur vs Bundelo Mandir on 11 March, 2024
Neutral Citation No:=2024:PHHC:034551
RSA-2557-1992 2024:PHHC:034551
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
136
RSA-2557-1992
Date of decision: 11.03.2024
RATTAN KAUR
....Appellant
Versus
BUNDELA MANDIR AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Ms. Anamika Sheoran, Advocate for
Mr. Vikas Singh, Advocate
for the appellant.
Mr. Ram Lal Gupta, Advocate
for respondents No.1 to 3.
*****
KULDEEP TIWARI. J.(Oral)
1. This is a defendant's regular second appeal. The suit for possession
was filed by the respondents-plaintiffs, which was decreed vide judgment and
decree dated 29.08.1987, whereby, directions were issued upon the defendants to
deliver the possession of the suit property to the plaintiffs within two months from
the date of judgment.
2. Having aggrieved with the aforesaid directions, the defendants
preferred the appeal before the Additional District Judge, Patiala, which got
dismissed, vide order dated 20.05.1992.
3. This caused grievance to the defendant/appellant, and the
defendant/appellant preferred the regular second appeal, challenging the judgment
and decree passed by the Courts below.
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4. During the pendency of the instant appeal, on 05.07.2010, this Court
while deciding the application for payment of mesne profits, directed the
defendant (appellant) to deposit the mesne profits, and in case of failure to pay the
arrears or future amount, status-quo order dated 18.12.1992, would be declared
vacated automatically. The relevant part of the same reads as under:-
"In view of the aforesaid, I am of the considered opinion that ends of
justice would be met if the appellant is directed to pay
compensation/mesne profits for use and occupation of the suit
property at flat rate of Rs.750/- per month since 18.12.1992 i.e. the
date of passing of status-quo order. It is ordered accordingly.
Arrears of the due amount shall be paid within two months from
today and the due amount in future shall be paid every month by 15th
of every month. On failure to pay the arrears or future amount,
status-quo order dated 18.12.1992 shall stand vacated automatically.
The application stands disposed of accordingly."
5. Today, learned counsel for the respondents submits that the
appellant-defendant has failed to comply with the said order (supra), which results
into assumption of possession by the respondents.
6. Learned counsel for the appellant pleads no instructions.
7. In view of the specific statement made by learned counsel for the
respondents, no cause of action survives, and due to non-compliance of the order,
the possession has been taken by the respondents-plaintiffs in view of the
judgment and decree passed by the Court(s) below.
8. Therefore, the instant appeal is ordered to be dismissed. However,
reserving the liberty to the appellant, that in case, the statement regarding
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assumption of possession by the respondents is found to be incorrect, the appellant
may get revive the instant appeal.
(KULDEEP TIWARI)
11.03.2024 JUDGE
amandeep
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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