CM No.5478-C of 2007 & RSA No.1930 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.5478-C of 2007 & RSA No.1930 of 2007 Decided on : 26.10.2009 Balbir Singh ... Appellant versus Raj Kishan ...Respondent CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Arvind Singh, Advocate for the appellant. **** 1.Whether Reporters of local newspapers may be allowed to see the judgment? 2.To be referred to the reporters or not? 3.Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (ORAL) This appeal has been filed against the concurrent judgments of the Courts below decreeing the suit of the respondent for possession. The appellant took the plea that there was an agreement to sell in his favour and he was protected under Section 53-A of the Transfer of Property Act. The following questions have been proposed: i) Whether the right of the appellant is protected under Section 53-A of the Transfer of Property Act to retain possession of the property in pursuance of agreement to sell? ii)Whether after execution of agreement to sell by the land lord in favour of tenant, the tenancy come to CM No.5478-C of 2007 & RSA No.1930 of 2007 -2- an end? iii)Whether the amendment in the written statement to elaborate the plea without requiring any further evidence can be declined? iv)Whether the courts below have misread the evidence on record while passing the impugned judgment and decree? On fact, the courts below have held against the appellant since neither the appellant produced any receipt of payment for the agreement to sell nor he could prove that any agreement to sell was executed in his favour. In view thereof questions No.(i) to (iii) do not arise. Question No.(iv) would cover the question of fact, which has rightly been held against the appellant. Consequently, this appeal and application for stay are dismissed. No costs. October 26, 2009 (AJAY TEWARI) sonia JUDGE