CR No.3501 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.3501 of 2009 Date of decision : 19-07-2010 Mohinder Singh .... Petitioner VERSUS Akal Educational Society and others ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Puneet Kumar Jindal, Advocate, for the petitioner. Mr. R.S. Manhas, Advocate, for respondent No.1. Mr. Ashok Giri, Advocate, for respondent Nos.2 to 10. KANWALJIT SINGH AHLUWALIA, J. (Oral) One Tarlok Singh was owner of 11 kanal and 11 marlas of land as per Jamabandi (Annexure A-1). Tarlok Singh died and his legal representatives sold his property to the Akal Educational Society. The said Society carved out various plots and sold to respondent Nos.2 to 10 and size of the plots varied from 2 marlas to 10 marlas. These plots were purchased by respondent Nos.2 to 10 to built their residential houses. Sh. Ashok Giri, Advocate appearing for respondent Nos.2 to 10 states that respondents have also obtained electricity connections. Petitioner claims himself to be a gair-marusi tenant of Tarlok Singh. It is further stated that petitioner also became tenant CR No.3501 of 2009 -2- under legal representatives of Tarlok Singh. Trial Court directed the parties to maintain status quo with regard to existing possession of the suit property till the final decision of the suit considering the fact that both the parties were claiming possession. Appellate Court came to conclusion that Mohinder Singh is residing abroad and is pursuing his litigation through his attorney. Respondent Nos.2 to 10 have constructed their houses. Taking totality of the circumstances into consideration, prima facie a view can be formulated that respondent Nos.2 to 10 are in possession of the land and the petitioner has lost his possession. However, this question is to be kept open, for parties to lead their evidence so that Court is able to determine the question of possession and title over the suit land. Till then no interference is warranted. Order passed by the Lower Appellate Court is upheld. The revision petition is dismissed. (KANWALJIT SINGH AHLUWALIA) 19-7-2010 JUDGE manju