CR No. 7550 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7550 of 2009 Date of decision:- 28.10.2010 Roshandeen ......petitioner vs. Ram Chander and another ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Satish Chaudhary, Advocate for the petitioner Mr. Deepak Baliyan, Advocate for respondent No. 1. HEMANT GUPTA, J (ORAL) Defendant is in revision aggrieved against the orders passed by learned trial Court on 8.1.2007 and learned First Appellate Court on 17.9.2009, whereby application filed by plaintiff for ad interim injunction was allowed and the defendant No. 1 was restrained from interfering into the peaceful possession of the plaintiff. Plaintiff-respondent No. 1 have filed a suit for possession by way of pre-emption with consequential relief of permanent injunction on the ground that he is a tenant over the suit property. Along with the suit, he has filed an application for restraining the defendants from interfering the possession which has been allowed by the Courts below as mentioned above. During the course of arguments learned counsel for the petitioner has pointed out that the parties have concluded their evidence and CR No. 7550 of 2009 -2- the case is now fixed for arguments on 10.11.2010. The sole argument raised by learned counsel for the petitioner is that the plaintiff has filed the suit for possession, therefore the claim that he is in possession is not tenable. I do not find any merit in the said argument. The plaintiff has filed the suit for possession by way of pre- emption being a tenant. Therefore as a tenant the plaintiff can be in possession. Whether the plaintiff is in possession of the suit property as a tenant or not is a question of fact which is required to be adjudicated by the trial Court on the basis of evidence led by the parties. In view of the above, I do not find any patent illegality or irregularity in the orders passed by learned Courts below which may warrant any interference in the revisional jurisdiction of this Court. Revision petition stands disposed of accordingly. (HEMANT GUPTA) JUDGE 28.10.2010 preeti