High CourtsSingle Bench(2011) 07 P&H CK 0113

Surjit Kaur vs Jasvir Kaur and Another

Punjab And Haryana At Chandigarh · Decided on 12 July 2011

HON’BLE JUDGES
Ram Chand Gupta, J
CASE NUMBER
Civil Revision No. 2900 of 2010 (O and M)

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Judgment

5 paragraphs · 218 words

Ram Chand Gupta, J.—The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 17.02.2010 passed by learned Additional District Judge(Adhock), Fast Track Court, Mansa, Annexure P1 vide which order dated 20.10.2008 passed by learned Additional Civil Judge(Senior Division), Sardulgarh was modified and the present Petitioner-Defendant has been restrained from alienating 1/8th share out of total land measuring 434 Kanals 3 Marlas and also restrained from CR No. 2900 of 2010 raising construction over any part of the suit land, except such construction which is required for or is connected with the agricultural purpose.

2.

It has been contended by learned Counsel for the Petitioner-Defendant that Defendant only intends to construct Kotha for tube well, Kotha for agricultural implements and servant quarters for using the land in dispute for agricultural purpose.

3.

Opposite counsel is having no objection if the impugned order is clarified to this extent.

4.

Hence, in view of these facts, it is clarified that Petitioner-Defendant is permitted to construct Kotha for tube well, Kotha for storing agricultural implements etc. and to construct servant quarters for the use of land in dispute for agricultural purpose and however, he will not change the nature of the land.

5.

The present revision petition is disposed of accordingly.