RSA No.252 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.252 of 2009 (O&M) Date of Decision: 18.04.2009 Raj Pal and others ...Appellants V E R S U S Punjab Wakf Board, Ambala Cantt. and another ...Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. Baljinder Singh, Advocate for the appellants. AJAY TEWARI J. (ORAL) This appeal has been filed against the concurrent judgment of the Courts below proposing the following questions of law:- i) Whether the present suit is barred by the doctrine of rejudicata? ii)Whether the plaintiff/respondent by his act and conduct is estopped from filing the present suit? iii)Whether the suit is not maintainable in the present form? As regards the first question, it would be seen that earlier the respondent No.1 had filed application under Section 14-A of Punjab Security and Land Tenures Act which resulted in a compromise decree whereby the petitioner had to pay entire outstanding amount of rent by 30.06.1985. The appellants did not make any payment. It was only then that the present suit was filed. It cannot thus be held that the present suit is barred by resjudicata or that the respondents are estopped by their act from RSA No.252 of 2009 (O&M) -2- filing the present suit. Consequently, it is held that questions of law proposed do not arise in this appeal. Learned counsel for the appellants then argued that his client is now ready to pay the entire arrears and also to pay future rent as would be demanded by the respondents. However, in my opinion it is too late in the day for learned counsel for the appellants make such submissions. It is clear that appellants have been holding on to the land belonging to Punjab Wakf Board, Ambala Cantt. for the past almost 25 years without paying even a penny's therefore there is no equity in favour of the appellants. Accordingly, this appeal stands dismissed. No costs. ( AJAY TEWARI ) April 18, 2009 JUDGE ashish