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2025 DAILYLAW 45595 (PNJ)

BAIJ NATH v. RAGHUVIR SINGH BASRA

RSA/1454/2025 · 2025-05-19

Anil Kshetarpal

body2025

Judgment text

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RSA-1454-2025 (O&M) -1- 151 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-1454-2025 (O&M) Date of decision : 19.05.2025 Baij Nath ...Appellant Vs. Raghuvir Singh Basra ...Respondent CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Nitish Garg, Advocate for the appellant. *** ANIL KSHETARPAL , J. (Oral) 1. The defendant assails the correctness of concurrent findings of fact arrived at by the Courts below while decreeing the plaintiff's suit for mandatory injunction. 2. The plaintiff filed a suit claiming that the defendant was permitted to reside in the premises without the payment of license fee and the license was terminated by sending notice on 06.04.2019. The defendant claims that Sh. Bakhsish Singh is the owner of the property and he was inducted as tenant @ Rs.6,000/- per month. Sh. Bakhsish Singh was uncle of the plaintiff. The plaintiff also produced an agreement Ex. P.12, wherein, the defendant undertook to vacate the premises within one week from 14.03.2019. Moreover, it was found that the defendant in order to create evidence filed a suit in the year 2019 against Sh. Bakhsish Singh, who died in the year 1981. Moreover, the appellant failed to produce any material to prove that he was ever inducted NEERAJ 2025.05.22 14:52 I attest to the accuracy and integrity of this document RSA-1454-2025 (O&M) -2- as a tenant or he paid any rent to either Sh. Bakhsish Singh or his heirs. 3. Keeping in view the aforesaid facts, no ground to interfere is made out. 4. Hence, the appeal is dismissed. 5. All the pending miscellaneous applications, if any, are also disposed of. (ANIL KSHETARPAL) 19.05.2025 JUDGE neeraj Whether speaking/reasoned : Yes No Whether Reportable : Yes No NEERAJ 2025.05.22 14:52 I attest to the accuracy and integrity of this document