475 II2 ei RSA NoA752 of 2003 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA N004752 of 2003 DateofDecision2 052010 m 1 Dr AnupAbrol Appellant 0 Vs 0 Ram Murti Ors C5 Z CORAM HONBLE MRJUSTICE VINOD KSHARMA r Present MrICSOadwal Advocate for theappellant 08 MrlvlLSarin SrAdvocate Avem with MrlVitin Sarin Advocate em forwoptNo1 Z MrCPipat SrAdocate with lvlrlvlanoj KumarAdvocate and MrSandeep Chauhan Advocate for respondents No2 to 4 Vinod KSharmaJ This regularsecond appealby thc plaintifflappellant 1S directedagainstthejudgmentanddecreedated 14082 003passedby the learnedcourts below vide which the suit for declaration 6e1d by the to the effect that propertybearingNo 13I23 1 Masjit 1 r . Radhika 2012.07.09 15: 32 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 476 RSA NoA752 of 2003 2 KumaranJalandhar was ownedbydefendantsNo to 4 and plaintiff was tenant underdefendantsNo to 4 at a monthly rent of Rs8001 Rupees eighthundred onlyl ln a 22425 sq yardsRent deed executedby the in favour of defendant No l was said to benull and void and not binding on therightsofthe plaintiff 1 tr Learnedcourts below have recorded a concurrent Ondingof 0 factthat the was inductedas a tenant by defendantNo C3 in pursuance to the permissiongrantedby the Board under the lease Co executedin favour ofdefendant No I Learnedcourts below therefore rightlyheld that theplaintiffl Z was not entitledto declarationclaimed for m It may be mentioned herethat the leamed lower court I hadheld while dismissing the suit that the decision would be subject to the 08 decision of Honble HighCourt in RSA No578 of 202 titled Mls Ram ClO Nlurti ce Sons Anr Vs PunjabWakf Board c Ors meo Z Learned counsel for the appellantcontends that this appeal Qm ralses the followingsubstantialquestion of law for consideration by this COUr 1 Whether the judgmentand decree passedby the leaned courts below is the outcome of misreadingof evidence thus perverse2 In supportof the substantialquestion of law leamed counsel for the appellantcontends that the PunjabWakf Board was admiuedlythe . Radhika 2012.07.09 15: 32 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document 477 C RSANoA752 of2003 3 owner of the propertywhich was rented out to the by No l by way of and concealingmaterial facts andtherefore theimpugned judgment cannot be sustained This court in RSA No578 of 2002 while decreeing the suit for tlled bythePunjabWakfBoard had held that the leasedeed m CC executedin favour ofRam Murti was valid and the construction raised was 0 under the agreed tenns therefore the plaintiffwas held to be a tenant of 0 No 1 Once theplaintiffwas inductedas a tenant hehas no right 0 to seek declarationof ownership nor the leasedeed executed in his favour besaid to be null and void The judgmentand decreepassedby the can Z learned courts below therefore cannot be said to be the outcome of of evidence or perverse I Substantialquestion of law raised is thus answeredagainst the 08 in favour No1 rn flndingno mentin this appealit is ordered to 7 Z be dismissed Vinod KSharmal 0502010 Judge rp 4 1 1 . Radhika 2012.07.09 15: 32 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:01 I attest to the accuracy and integrity of this document