CM No.5964-CII-2010 and -1- CR No.1578 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM No.5964-CII-2010 and CR No.1578 of 2010 DATE OF DECISION: 09.03.2010 **** Sukhjit Singh . . . . Petitioner VS. Jaswant Singh and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Vikas Singh, Advocate for the petitioner. **** RAKESH KUMAR JAIN J. (ORAL) CM No.5964-CII-2010 Allowed as prayed for. CR No.1578 of 2010 This Revision Petition is directed against order dated 15.10.2009 passed by Additional District Judge (Ad hoc), Fast Track Court, Gurdaspur whereby, injunction application filed by the plaintiff/petitioner has been modified to the extent that the plaintiff would not be ejected from the land in dispute except 3 kanals 13 marlas of land, which has been taken over by the defendants by way of ‘rapat roznamcha’ dated 18.5.2007. Learned counsel for the petitioner has vehemently argued that petitioner is a tenant of Gair Marusi land, who could not have been dispossessed in the partition proceedings as tenant would remain CM No.5964-CII-2010 and -2- CR No.1578 of 2010 a tenant unless and until he is ejected in due course of law. The finding recorded by the Court below is that possession over 3 kanals 13 marlas of land has already been taken by the defendant Sukhjit Singh. This finding has not been challenged in the ground of revision filed by the petitioner. Meaning thereby, it has been accepted that the possession has been taken over on 3 kanals 13 marlas of land. Therefore, I do not find any irregularity or illegality in the impugned order, hence, the Revision Petition is dismissed. (RAKESH KUMAR JAIN) March 09, 2010 JUDGE vivek