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Wednesday, March 31, 2010

Smt. Juhri v. Sarfraj Hussain
2009(3) LAW HERALD (P&H) 2508
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Regular Second Appeal No.2595 of 2006
Smt. Juhri w/o of Sh. Rozdar & Ors.
v.
Sarfraj Hussain & Ors.
{Decided on 08/07/2009}
For the Appellant: Mr. Rajiv Sharma, Advocate.
For the Respondent: None.
Punjab Land Revenue Act, 1887--Encroachment--Plaintiff neither specified portion not got same demarcated on which defendant made encroachment by raising construction--Plaintiff not entitled to decree of possession. (P.11)
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Gaj Raj & Ors. v. Kunj Bihari Ors.
2009(3) LAW HERALD (P&H) 2510
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
C.R. No. 3746 of 2009
Gaj Raj & Ors.
v.
Kunj Bihari Ors.
{Decided on 09/07/2009}
For the Revision-Petitioners: Mr. Ashish Yadav, Advocate.
Civil Procedure Code, 1908, O.9, R.13--Ex-parte Award--Setting aside of--Motor Accident case--Advocate for petitioner deposed that he put appearance on their behalf and filed vakalatnama--Plea of petitioner that they were never came to know of claim petition during pendency thereof as they were never served--Not tenable--No sufficient cause. (P.10)
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Dalip Singh & Ors. v. Gram Panchayat, Village Bhartana
2009(3) LAW HERALD (P&H) 2512
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
R.S.A. No. 3010 of 2006
Dalip Singh & Ors.
v.
Gram Panchayat, Village Bhartana, Tehsil Safidon, District Jind, through its Sarpanch Shri Phool Singh.
{Decided on 15/07/2009}
For the Appellant: Mr. N.C. Kinra, Advocate.
For the Respondent: Mr. S.S. Duhan, Advocate.
(A) Civil Procedure Code, 1908, O.39 R. 1&2--Injunction--Permanent Injunction--Possession of appellant in respect of land expiry of lease period became illegal and unauthorized and he was evicted therefore in execution of eviction order--He is not entitled to injunction. (P.13)
(B) Punjab Village Common Lands (Regulation) Act, 1961--Title of land--Jurisdiction--Whether any land vested in Gram Panchayat or not--Could only be decided by Assistant Collector--Civil Court has no jurisdiction to try suit. (P.12)
(C) Punjab Village Common Lands (Regulation) Act, 1961, S.11--Eviction--Execution application--Execution application for execution of order of eviction passed by Assistant Collector upheld by higher Revenue Courts dismissed as fully satisfied--Contention that no possession was delivered in execution of eviction order rejected. (P.13.)
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