High CourtsSingle Bench(1978) 11 P&H CK 0040

Parbhu and other vs Khiyali Ram

Punjab And Haryana At Chandigarh · Decided on 7 November 1978

HON’BLE JUDGES
M.R. Sharma, J
RESULT
Dismissed
CASE NUMBER
Civil Regular Second Appeal No. 456 of 1976

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

1 paragraphs · 172 words

M.R. Sharma, J.—The appellant obtained the land in dispute under a mortgage which was redeemed by the respondent. The appellants, however, continued to remain in possession of the land in dispute. They filed a suit for permanent injunction to the effect that after the extinction of the mortgage they continued in possession of the land in dispute as tenants and that the other party should be restrained from dispossessing them. Both the learned Courts below have given a finding of fact that the status of the appellants was that of tres-passers and not tenants. On this finding the equitable relief of injunction was not granted to them. The learned counsel for the appellants has submitted that the Khasra Girdawaris produced by them do bear out the contention of the appellants that they were holding the land as tenants at will. Mere misreading of Khasra Girdawaris by the learned lower Appellate Court which is the final Court of fact, does not entitle me to interfere in second appeal. This appeal is, therefore, dismissed.