SUDERSHAN KUMAR Vs. SMT. MEENA DEVI AND ANR.
LAWS(P&H)-2011-8-166
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 01,2011

SUDERSHAN KUMAR Appellant
VERSUS
Smt. Meena Devi And Anr. Respondents

JUDGEMENT

Mehinder Singh Sullar, J. - (1.) THE challenge in this regular second appeal filed by Sudershan Kumar son of Budh Ram Appellant -Plaintiff (for brevity "the Plaintiff") is to the impugned judgment and decree dated 15.4.2010, vide which, the trial Court has dismissed his suit for a decree of permanent injunction and the impugned judgment and decree dated 22.3.2011, by means of which, the Ist appellate Court has dismissed his appeal as well.
(2.) AFTER hearing the learned Counsel for the Appellant -Plaintiff, going through the record with his valuable assistance and after deep consideration over the entire matter, to my mind, there is no merit in the instant regular appeal in this context. As is evident from the record that the Plaintiff and his brother were the owners and in possession of the plot in question. They had sold the same to Defendant No. 1 for a consideration of Rs. 1,90,000/ -, by way of registered sale deed dated 16.5.2001 and delivered the actual possession at the time of sale. Thereafter, the Defendants became the owners and in possession of the disputed plot.
(3.) THE concocted story put forth by the Plaintiff that on the same day of sale, he was inducted as a tenant by Defendant No. 1 on the plot in question, is not at all tenable, particularly when the Defendants have stoutly denied the same and rightly ignored by the Courts below. There was no occasion for Defendant No. 1 to induct the Plaintiff as a tenant on the same day of sale deed on the disputed plot.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.