Punjab and Haryana High Court: A Single Judge Bench comprising of Anil Kshetarpal, J. disposed of a revision petition by allowing construction of a portion of the subject building.
Plaintiffs had filed a suit for possession of a land claiming themselves to be the owner of the said property. They claimed that the further reconstruction was done during the pendency of the suit.
The defendant-petitioner claimed that the entire disputed area was under construction and only the areas that were marked by them were to be completed which only comprised of a house which was incomplete on account of the stay order. Additionally, it was alleged by them that the plaintiff was using it for their residential purposes. Referring to the reconstruction at the time of the suit, they contended that the construction was already complete by then.
The High Court held that no useful purpose would be served if the defendant-petitioner was not allowed to finish construction of their house. Accordingly, the revision petition was allowed.[Jagdish v. Manjeet, 2017 SCC OnLine P&H 5048, Order dated 06-12-2017]
