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PROFORMA FOR FIRST LISTING

SECTION _________

The case pertains to (Please tick/check the correct box):

 Central Act : (Title) -

 Section :

 Central Rule : (Title) ___

 Rule No(s): __

 State Act : (Title) __

 Section : ___

 State Rule : (Title) ___

 Rule No(s): ___

 Impugned Interim Order : (Date) ___

 Impugned Final/Decree : (Date) 23.07.2014

 High Court : (Name) Punjab & Haryana High Court at Chandigarh

 Names of Judges : Mr. Justice K.C. Puri, J.

 Tribunal/Authority : (Name) ___

1. Nature of matter:   Civil  Criminal

2. (a) Petitioner/appellant No.1 : Atma Nand Puri

(b) e-mail ID : lawyerajay@gmail.com

(c) Mobile phone number : 9868909761

3. (a) Respondent No.1 : Smt. Bibi

(b) e-mail ID : ___

(c) Mobile phone number : ___

4. (a) Main category classification : -

(b) Sub classification : -


5. Not to be listed before : N.A.

6. Similar/Pending matter : N.A.

7. Criminal Matters : N.A.

(a) Whether accused/convict has surrendered  Yes  No

(b) FIR No. ____ Date: _____

(c) Police Station : ____

(d) Sentence Awarded : __

(e) Sentence Undergone : __

8. Land Acquisition Matters : N.A.

(a) Date of Section 4 notification : __

(b) Date of Section 6 notification : __

(c) Date of Section 17 notification : __

9. Tax Matters : State the tax effect : N.A.

10. Special Category (first petitioner/appellant only) :

 Senior citizen  65 years  SC/ST  Woman/child  Disabled

 Legal Aid case  In custody

11. Vehicle Number (in case of Motor Accident Claim matters) : N.A.

12. Decided cases with citation : ___

Date :

AJAY KUMAR SINGH

AOR for petitioner(s)/appellant(s)

Registration No. 2022


IN THE SUPREME COURT OF INDIA
(CIVIL /CRIMINAL APPELLATE JURISDICTION)
SLP (C)/SLP (CRL.)/CIVIL APPEAL/CRL APPEAL NO. OF 2014

IN THE MATTER OF:-

Atma Nand Puri …..Petitioner

Versus

Smt. Bibi … Respondent

OFFICE REPORT ON LIMITATION

1. The Petition is/ are within time.

2. The Petition is barred by time and there is delay of


_________ days in filing the same against order
dated ______________ and petition for Condonation
of ___________ days delay has been filed.

3. There is delay of ___________ days in re-filing the


petition and petition for Condonation of _________
days delay in re-filing has been filed.

BRANCH OFFICER

New Delhi
Dated :
IN THE SUPREME COURT OF INDIA
[S.C.R. ORDER-XXI RULE 3(1)(a)
(CIVIL APPELLATE JURISDICTION)
SPECIAL LEAVE PETITION
(UNDER ARTICLES 136 OF THE CONSTITUTION OF INDIA)

SPECIAL LEAVE PETITION (CIVIL) NO. OF 2014


(Arising out of the Impugned Judgement and final order
dated 23.07.2014 passed by the Hon'ble High Court of
Punjab and Haryana at Chandigarh in R.S.A. No. 2724 of
1985 (O&M)).

(WITH PRAYER FOR INTERIM RELIEF)

IN THE MATTER OF :

Atma Nand Puri …..Petitioner

Versus

Smt. Bibi … Respondent

WITH

I.A. No of 2014 Application for Exemption from filing


Certified Copy of the Impugned Order

I.A. No of 2014 Application for Condonation of delay in


filing Special Leave Petition

(P A P E R - B O O K)

(FOR INDEX: KINDLY SEE INSIDE)

ADVOCATE FOR THE PETITIONER : AJAY KUMAR SINGH


INDEX

Sl.No. Particulars. Pages.

1. Office Report on Limitation. 'A'

2 Listing Performa A1- A2

3. Synopsis/List of Dates & Events. B–

4. Copy of judgment/order dated 23.07.2014


passed by the Hon'ble High Court of
Punjab and Haryana at Chandigarh in
R.S.A. No. 2724 of 1985 (O&M)

5. Special Leave Petition with Affidavit.


6. Annexure-P-1:
A copy of Will dated 25.7.1976
executed by Swami Ganesh Puri ji

7. Annexure-P-2:
A copy of order dated 03.03.1984
passed by Senior Sub Judge, Ferozepur
in Case No. 57 of 6.3.1982

8. Annexure-P-3:
A copy of order dated 01.08.1985
passed by Addl. District Judge,
Ferozepur in Civil Appeal No. 77 of 1984

9. Annexure-P-4:
A copy of order dated 13.12.2001
passed by Hon’ble High Court in
Regular Second Appeal No. 2724 of 1985

10. Annexure-P-5:
A copy of order dated 19.10.2005
passed by Hon’ble Supreme Court of
India in Civil Appeal No. 6412 of 2005
11. Annexure-P-6:
A copy of order dated 15.01.2007 passed in
C.M. No. 2740-C of 2006 and 2741-C of 2006
filed in Regular Second Appeal No. 2724 of 1985
by the Hon’ble High Court

12. I.A. No of 2014


Application for Exemption from filing
Certified Copy of the Impugned Order

13. I.A. No of 2014


Application for Condonation of delay in
filing Special Leave Petition
SYNOPSIS/ LIST OF DATES

In the instant case, the following questions of law

of public importance arise for consideration of this

Hon’ble Court:

(i) Whether the Properties acquired in religious

endowments or Math or Dera by a Mahant,

Sanyasi or Yati devolves on his religious

fraternity, the spiritual heirs, and not on his

natural heirs?

(ii) Whether the property gifted/donated to a

religious preacher who has renounced the

world for the benefit of public at large for

propagation of religious practices can be put to

natural law of succession?

(iii) Whether the property gifted/donated to a

religious preacher for the benefit of public for

propagation of religious practices be

transferred as per his wishes and prevailing

customary practices?

(iv) Whether the registration of Will and its

execution in presence of revenue authorities is

mandatory?
(v) Whether the High Court should have decided

the appeal without impleading the third party

(purchasers) as parties or without allowing

then as assignees of the appellant?

(vi) Whether the application filed by purchasers

before High Court are in total contradiction

with each other?

It is submitted that in this case one Swami Ganesh

Puri ji was renounce the world and lived in the Dera

(a keen to ashram) as Sanyasi i.e. a religious teacher

who guided the public at large about peace and

humanity along with internal happiness. There were

many followers who looked after the day to day

affairs of the Swami Ganesh Puri ji. Swami Ganesh

Puri ji completely renounced the world and severed

his relations with all his relatives.


It is submitted that the contribution for religious and

charitable purposes is a philanthropic act intended

to serve humanity at large and is also recognized as

a religious obligation. Therefore, bequeathing

property for religious and charitable purposes

cannot be controlled or restricted by the legislature

as it would offend the fundamental rights of the

testator under Articles 25 and 26 of the Constitution

of India and therefore, the impugned order is

arbitrary and unconstitutional. It is also violative of

Article 26 of the Constitution inasmuch as it is an

essential and integral part of Hindu religious faith to

give property for religious and charitable purposes.

Every Hindu (including Sikhs) shall have the right to

establish and maintain institutions for religious and

charitable purposes manage its own affairs, own and

acquire movable and immovable properties and to

administer such property in accordance with law

prevailing customary practices.

The property for hermit or ascetic i.e. referred

to in this case is explained in the Mitakshara and in

the Viramitrodaya. When a hermit or ascetic holds

any appreciable extent of property, he generally

holds it as the head of some mutt or as the manager


of some religious or charitable endowment, and

succession to such property is regulated by the

special custom of the foundation.

This Hon’ble Court in the case of Krishna Singh Vs

Mathura Ahir [AIR 1980 SC 707 (para 32)] settled

the proposition of law that “the Special rules are

propounded for succession to the property of a

hermit or an ascetic, and of a professed student.

Yajnavalkya states a special rule of succession in

regard to the wealth of ascetics and the like: “the

heirs who take the wealth of a Vanaprastha (a

hermit), of a Yati (ascetic) and a Brahmachari (a

student) are in their order, the preceptor, the

virtuous pupil, and one who is supposed brother and

belonging to the same order.” The Mitakshara

explains thus (2); “A spiritual brother belonging to

the same hermitage (dharmabhra-trakatirthi) takes

the goods of the hermit (Vanaprastha). A virtuous

pupil (sacchishya) takes the property of a yati

(anascetic). The preceptor (acharya) is heir to the

Brahmanchari (Professed student). But on failure of

these, any one belonging to the same order or

hermitage takes the property; even though sons and

other natural heirs exist.”


In this case one Swami Ganesh Puri ji was a

religious teacher who guided the public at large

about peace and humanity along with internal

happiness. There were many followers who looked

after the day to day affairs of the Swami Ganesh Puri

ji.

It is submitted that the property which came to

Swami Ganesh Puri Jee had come through gift and

the same was donated much after the complete

renouncement of world. Hence, the natural law of

succession in respect of heirs may not be come into

picture, albeit, the same may be transferred as per

wishes of the person who renounced the world.

It is further submitted that the property lying with

Swami Ganesh Puri Jee should be bequeathed as

per his own wished as mentioned in the will. The will

in question has been proved beyond any doubt and

the petitioner through his next friend already

established on record regarding geniuses of the Will.

It is submitted that the said Will was handed over to

the Swami Ganesh Puri Jee after its execution and

putting the signatures of the attesting witnesses,

consequently, it took some time in placing the same

on record.
That this Hon’ble Court may please appreciate that

it is established fact that the petitioner Atma Nand

Puri was adopted as Chela of Swami Ganesh Puri ji,

when he was small child as evident from

photographs. It is well settled that it is not legally

required to execute a Will in presence of revenue

authorities and its registration whereas the will in

the present case was executed in presence of the

Sarpanch and attesting witnesses. The will is

question was scribed by the Sarpanch of the Village

and one of the attesting witnesses is including the

Patwari of the locality and both have supported the

geniuness of the Will.

The petitioner Atma Nand Puri disciple of Genesh

Puri filed this case through his next friend Kartar

Chand for possession of land measuring 55 kanals

18 marlas in the Area of Village Loham, District

Ferozepur as the same was received from Swami

Ganesh Puri Ji. The petitioner was adopted as

chela by Swami Ganesh Puri Ji and because of the

services rendered by the petitioner Atmanand Puri,

through a will in his favour dated 25.7.1976.

03.03.1970 One Smt. Chandi widow of Mr. Sawan Singh

gifted the land in dispute to Swami Ganesh


Puri ji for helping him to go further with his

aims and objectives for establishing peace

and humanity among public at large.

It is submitted that the petitioner herein

became disciple of Swami Ganesh Puri ji

since his childhood for getting education of

religious practices. Swami Ganesh Puri ji

send the petitioner to Haridwar for above said

purpose and also arranged all requisite for

admission of the petitioner in some Maha

Vidyalaya in Haridwar. In these circumstance

the petitioner became CHELA/devotee of

Swami Ganesh Puri ji and he used to serve

him as chella. Hence, in terms of religious

practices the petitioner herein became

successor said Swami Ganesh Puri ji.

25.07.1976 The Swami Ganesh Puri ji executed a Will in

favour of the petitioner herein (Chela). It is

submitted that the said Will was written by

one Chanan Singh (Sarpanch of Zira) and was

also attested by Mohinder Singh and Dalip

Singh as Marginal witness.

It is most respectfully submitted that

Swami Ganesh Puri ji had already renounced


the world as per mythological practices.

Hence any of his heirs or family member

cannot claim what he acquired during his life

time in the form of gift or donations etc.

25.7.1976 Swami Ganesh Puri ji executed a Will

bequeathing the property lying with him or

said Dera in favour of petitioner herein Shri

Atmanand Puri who was adopted as Chela by

him. A copy of Will dated 25.7.1976 executed

by Swami Ganesh Puri ji is being annexed

herewith as ANNEXURE P-1. (Page to )

02.02.1977 Swami Ganesh Puri ji was heavenly abode in

the Dera (other words Ashram) situated at

Zira, Punjab.

It is most important to mention here that

the members of his family (before renouncing

the world) put up their claim over the

property of the ‘DERA’ including the

respondent ‘Smt. Bibi’. Smt. Bibi respondent

had got the land mutated in her name which

was acquired by Swami Ganesh Puri ji during

his life time in the from of donations and gifts

after renouncing the world.


06.03.1982 The petitioner (being a minor) through his

next friend Mr. Kartar Chand filed a Civil Suit

No. 57 of 6.3.1982 against the respondent

before the court of Senior Sub Judge,

Ferozepur for possession of the suit land

(land measuring 55 kanals 18 marlas) on the

basis of Will dated 25.7.1976. The ld. Trial

Court issued notice to the defendant.

On notice defendant/respondent appeared

before trial court and contested the suit. The

respondent denied the fact that the petitioner

was ‘Chella’ of the Swami Ganesh Puri ji and

execution of Will.

It is pertinent to mention here that the

respondent disclosed the fact that she is the

real sister of Swami Ganesh Puri ji, hence she

is entitled to succeed the property as legal

heir of Swami Genesh Puri ji.

It is submitted that the petitioner filed

replication and denied each and every

averment of the written statement and

reiterated his claim. The trial court,

formulated the issues on the basis of said

pleading.
1. Whether the plaintiff is a minor and the

suit has been property instituted? OPP.

2. Whether SwamiGanesh Puri executed a

valid will dated 25.7.76 in favour of the

plaintiff? OPP.

3. Whether the suit is not maintainable in

the present form? OPD.

4. Whether the suit is barred by time?

OPD.

5. Relief.

03.03.1984 Vide order of the dated 03.03.1984 the ld.

Trial Court dismissed the said suit filed by

the petitioner herein on the ground that the

Will dated 25.07.1976 is a manufactured

document. A copy of order dated 03.03.1984

passed by Senior Sub Judge, Ferozepur in

Case No. 57 of 6.3.1982 is being annexed

herewith as ANNEXURE P-2. (Page to )

27.07.1984 Aggrieved by the order dated 03.03.1984

passed by the ld. Trial Court, the petitioner

through his next friend filed civil appeal No.

77 of 1984 before Addl. District Judge,

Frozepur. Under Section 96 C.P.C on the


ground that the ld. Trial Court wrongly

dismissed the suit of the petitioner.

01.08.1985 Vide its order dated 01.8.1985 the first

appellate court allowed the appeal filed by the

petitioner. The first appellate court rightly

held that once the fact is proved that Atma

Nand is the Chela of Swami Ganesh Puri ji,

then Ganesh Puri ji in his right since would

have executed the present will particularly

when he has already renounced the world

and severed the relations. It is also observed

that there is no evidence on record about the

personal/private interest of the petitioner in

the land and other property succeeded by way

of will. In other words, the said property left

by Swami Ganesh Puri ji is only and only to

be used for the benefit of ‘Dera’. A copy of

order dated 01.08.1985 passed by Addl.

District Judge, Ferozepur in Civil Appeal No.

77 of 1984 is being annexed herewith as

ANNEXURE P-3. (Page to )

It is further rightly observed by the first

appellate court that the testator (Swami

Ganesh Puri ji) has already severed


relationship with his other relations and he

renounced the world for ever then the natural

inheritance cannot be claimed by the near

relations.

Aggrieved by the aforesaid order passed by

the first appellate court, the respondent filed

Regular Second Appeal (RSA) No. 2724 of

1985 before Punjab & Haryana High Court at

Chandigarh.

13.12.2001 Vide its order dated 13.12.2001 the Hon’ble

High Court dismissed the said Regular

Second Appeal No. 2724 of 1985 in favour of

the petitioner on the ground of non

prosecution and also on merit. A copy of

order dated 13.12.2001 passed by Hon’ble

High Court in Regular Second Appeal No.

2724 of 1985 is being annexed herewith as

ANNEXURE P-4. (Page to )

It is submitted that the respondent during

pendency of her appeal before High Court

transferred the land to some other persons

and hence, created third party rights.


Aggrieved by the order dated 13.12.2001 in

RSA No. 2724 of 1985, the said purchasers of

land in question approached this Hon’ble

Court and filed SLP (C) No. 1481 of 2003,

which was subsequently converted into Civil

Appeal No. 6412 of 2005.

19.10.2005 Vide order of the dated 19.10.2005 this

Hon’ble Court set aside the order dated

13.12.2001 passed by the High Court and

also permitted the appellants to move the

application for restoration of appeal,

application for condonation of delay along

with application for impleadment. A copy of

order dated 19.10.2005 passed by Hon’ble

Supreme Court of India in Civil Appeal No.

6412 of 2005 is being annexed herewith as

ANNEXURE P-5. (Page to )

28.11.2005 The subsequent purchaser filed the

application for restoration of appeal before

Hon’ble High Court vide C.M. No. 2740 of

2006 along with an application for

condonation of delay in filing restoration

application alongwith application for

impleadment.
15.01.2007 Vide order of the dated 15.01.2007 the

Hon’ble High Court recalled the order dated

13.12.2001, consequently, the main appeal is

restored back to its original number, both

application vide its number C.M. No. 2740-C

of 2006 and 2741-C of 2006 filed in Regular

Second Appeal No. 2724 of 1985 were

disposed of where as the third application

filed for impleadment as party was kept

pending and has directed to be heard

alongwith main appeal. A copy of order dated

15.01.2007 passed in C.M. No. 2740-C of

2006 and 2741-C of 2006 filed in Regular

Second Appeal No. 2724 of 1985 by the

Hon’ble High Court is being annexed herewith

as ANNEXURE P-6. (Page to )

23.07.2014 The Hon’ble High Court vide impugned order

dated 23.07.2014 allowed the said appeal

RSA No. 2724 of 1985 interalia relying upon

the judgment and order passed by the ld. trial

court and set aside the order of appellate

court. It is pertinent to mention here that no

order was passed on the third application for

impleadment.
.10.2014 Hence the present Special Leave Petition.
IN THE SUPREME COURT OF INDIA

[SCR ORDER XXI RULE 3 (1) (a)]

(CIVIL APPELLATE JURISDICTION)

SPECIAL LEAVE PETITION

(UNDER ARTICLES 136 OF THE CONSTITUTION OF INDIA)

SPECIAL LEAVE PETITION (CIVIL) NO. ________OF 2014

IN THE MATTER OF:-

BETWEEN : POSITION OF PARTIES

In the High In this Hon'ble


Court Court
Atma Nand Puri Chela of Respondent Petitioner
Ganesh Puri aged about 46
years r/o Shivala Mandir,
Tehsil Zira District Ferozepur,
Punjab.

Versus

Smt. Bibi Petitioner Contesting


daughter of Shri Sawan Singh Respondent
son of Anokh Singh
resident of village Moham,
Tehsil and district Ferozepur,
Punjab.

To,

The Hon'ble Chief Justice of India,

And His Companion Justices of the

Supreme Court of India, New Delhi

The humble Petition of the

Petitioners above-named;
MOST RESPECTFULLY SHOWETH:

1. The petitioner is filing the present petition seeking

Special Leave to Appeal against the Impugned and

final order dated 23.07.2014 passed by the Hon'ble

High Court of Punjab and Haryana at Chandigarh in

R.S.A. No. 2724 of 1985 (O&M) whereby the Hon'ble

High Court was pleased to allowed the same.

1. A That it is submitted that there is he provision of filing

LPA/SPECIAL APPEAL against the impugned order

passed in Regular Second Appeal.

2. QUESTIONS OF LAW:

The following questions of law arise for consideration

by this Hon'ble Court:

(i) Whether the Properties acquired in religious endowments

or Math or Dera by a Mahant, Sanyasi or Yati devolves

on his religious fraternity, the spiritual heirs, and not

on his natural heirs?

(ii) Whether the property gifted/donated to a religious

preacher who has renounced the world for the benefit of

public at large for propagation of religious practices can

be put to natural law of succession?

(iii) Whether the property gifted/donated to a religious

preacher for the benefit of public for propagation of

religious practices be transferred as per his wishes and

prevailing customary practices?


(iv) Whether the registration of Will and its execution in

presence of revenue authorities is mandatory?

(v) Whether the High Court should have decided the

appeal without impleading the third party

(purchasers) as parties or without allowing then as

assignees of the appellant?

(vi) Whether the application filed by purchasers before

High Court are in total contradiction with each

other?

3. DECLARATION IN TERMS OF RULE XXI 3(5) SCR-

2013:

The petitioner states that no other petition for

Special Leave to Appeal has been filed by him

against the impugned Judgment and final order

dated 23.07.2014 passed by the Hon'ble High Court

of Punjab and Haryana at Chandigarh in R.S.A. No.

2724 of 1985 (O&M).

4. DECLARATION IN TERMS OF RULE 5:

The Annexures P-1 to P- produced alongwith the

SLP are true copies of the pleadings/documents,

which formed part of the records of the case in the

Court/Tribunal below against whose order the Leave

to Appeal is sought for in this Petition.


5. GROUNDS:

Leave to Appeal is sought on the following grounds.

A) That this Hon’ble Court may please appreciate that

the property which came to Swami Ganesh Puri Jee

had come through gift and the same was donated

much after the renouncement of world. Hence, the

natural law of succession in respect of heirs may not

come into picture, albeit, the same may be

transferred as per wishes of the person who has

renounced the world or otherwise as per customary

practices prevailing for similarly situated persons.

B) That this Hon’ble Court may please appreciate that

the will in question has been proved beyond any

doubt and the petitioner through his next friend

already established on record regarding genuiness of

the Will. It is submitted that the said Will was handed

over to the Swami Ganesh Puri Jee after its execution

and putting the signatures of the attesting witnesses,

consequently, it took some time in placing the same

on record.

C) That this Hon’ble Court may please appreciate that it

is established fact that the petitioner Atma Nand Puri


was adopted as Chela of Swami Ganesh Puri ji, when

he was small child as evident from photographs.

D) That this Hon’ble Court may please appreciate that it

is well settled that it is not legally required to execute

a Will in presence of revenue authorities and its

registration whereas the will in the present case was

executed in presence of the Sarpanch and attesting

witnesses.

E) That this Hon’ble Court may please appreciate that

the will is question was scribed by the Sarpanch of

the Village and one of the attesting witnesses is

Patwari and both have supported the genuiness of the

Will.

F) That this Hon’ble Court may please appreciate that

the Will in question is not for benefit of any single

person whereas the same is for the benefit of DERA

(in other words called as Ashram) i.e. a public place.

G) That this Hon’ble Court may please appreciate that

once the fact is proved that Atma Nand Puri is the

Chela of Swami Ganesh Puri Jee, then Swami Ganesh

Puri as a right would have executed the present Will

particularly when he has already renounced the

world and severed the relation with his other


relations and there is nothing on record by way of

evidence that the Will is any way is for the private

benefit of the petitioner, albeit, in the interest of the

DERA.

H) That this Hon’ble Court may please appreciate that

the second appeal was dismissed earlier for want of

prosecution and also on merit and the alleged

purchaser of Dera Property came to Supreme Court

and got permission to file restoration of the said

appeal along with application for condonation of delay

and application for impleadment. But without

allowing the application for impleadment and in the

absence of respondent counsel and with the help of

counsel appearing for outsider the High Court

allowed the said appeal which is not sustainable in

the eyes of law. The appeal is allowed without they

(third party) are being impleaded as party.

I) That this Hon’ble Court may please appreciate that

the two applications, one for recalling of order dated

13.12.2001 and other one for impleading them as

parties, were filed in total contradiction with each

other. In one application they are claiming themselves

as assignees and in second application they (third


party) claimed that they were totally unaware of the

pendency of RSA.

J) That this Hon’ble Court may please appreciate that

the High Court in sheer illegal manner has allowed

the RSA on 23.7.2014 without impleading the said

person as parties or without allowing them as

assignees of the appellant (Smt. Bibi).

K) That this Hon’ble Court may please appreciate that

the Properties acquired in religious endowments or

Math or Dera by a Mahant, Sanyasi or Yati devolves

on his religious fraternity, the spiritual heirs, and not

on his natural heirs.

L) Because the petitioner Atma Nand Puri disciple of

Genesh Puri filed a suit through his next friend

Kartar Chand for possession of land measuring 55

kanals 18 marlas in the Area of Village Loham,

District Ferozepur. The petitioner was adopted as

chela by Swami Ganesh Puri Ji and because of the

services rendered by the plaintiff/ respondent

Atmanand Puri, Ganesh Puri executed a will in his

favour on 25.7.1976 at Zira.

6. GROUNDS FOR INTERIM RELIEF:


(i) That the facts and circumstances have been set out

in the aforesaid Special Leave Petition filed against

the impugned judgment and final order dated

23.07.2014 passed by the Hon'ble High Court of

Punjab and Haryana at Chandigarh in R.S.A. No.

2724 of 1985 (O&M. The Petitioner craves leave of

this Hon'ble Court to refer to and rely upon the

contents of the same for the sake of present

grounds.

(ii) That the petitioner has a good prima facie case and

the balance of convenience is also in favour of the

petitioner.

(iii) No prejudice whatsoever would be caused to the

respondent(s) herein if the interim relief as prayed

for are granted and the petitioner (s) will suffer grave

harm and irreparable hardship if the interim relief

are not granted.

(iv) That in the facts and circumstances of the case, it

would be just and proper that the order dated

23.07.2014 passed by the Hon'ble High Court of

Punjab and Haryana at Chandigarh in R.S.A. No.

2724 of 1985 (O&M) may kindly be stayed.

7. MAIN PRAYER:

The Petitioner most respectfully prays that this

Hon'ble Court may pleased to:


(a) grant Special Leave to Appeal under Article 136 of

the Constitution of India, against the impugned

judgment and Final order dated 23.07.2014 passed

by the Hon'ble High Court of Punjab and Haryana at

Chandigarh in R.S.A. No. 2724 of 1985 (O&M);

(b) pass any other order and further order or orders as

this Hon'ble Court may deem fit and proper in the

facts and circumstances of the case.

8. PRAYER FOR INTERIM RELIEF:

It is most respectfully prayed that this Hon'ble Court

may be pleased to:

(a) Grant ad-interim ex-parte stay of operation of the

judgment and order dated 23.07.2014 passed by the

Hon'ble High Court of Punjab and Haryana at

Chandigarh in R.S.A. No. 2724 of 1985 (O&M); and

(b) Pass any other order and further order or orders as

this Hon'ble Court may deem fit and proper in the

facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE

PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

DRAWN BY: FILED BY:

AJAY KUMAR SINGH


New Delhi Advocate for the Petitioner
Drawn on: .10.2014
Filed on : .10.2014
IN THE SUPREME COURT OF INDIA

(CIVIL APPELLATE JURISDICTION)

SPECIAL LEAVE PETITION (CIVIL) NO. ________OF 2014

IN THE MATTER OF :

Atma Nand Puri …..Petitioner

Versus

Smt. Bibi … Respondent

CERTIFICATE

Certified that the Special Leave Petition is confined only to

the pleadings before the Court/Tribunal whose order is

challenged and the other documents relied upon in those

proceedings. No additional facts, documents or grounds have

been taken therein or relied upon in the Special Leave Petition.

It is further certified that the copies of the documents/

annexures attached to the Special Leave Petition are necessary

to answer the question of law raised in the petition or to make

out grounds urged in the Special Leave Petition for

consideration of this Hon'ble Court. This certificate is given on

the basis of the instructions given by the petitioner/person

authorised by the petitioner whose affidavit is filed in support of

the S.L.P.

NEW DELHI. FILED BY:

FILED ON: .10.2014

(AJAY KUMAR SINGH)


ADVOCATE FOR THE PETITIONER.
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
SPECIAL LEAVE PETITION (CIVIL) NO. ________OF 2014
IN THE MATTER OF :

Atma Nand Puri …..Petitioner

Versus

Smt. Bibi … Respondent

AFFIDAVIT

I, Atma Nand Puri Chela of Ganesh Puri aged about 46 years


r/o Shivala Mandir, Tehsil Zira District Ferozepur, Punjab at
present at New Delhi, do hereby solemnly affirm and declare as
under: -

1. That I am the Petitioner of the above mentioned case and am


competent to swear to this affidavit.

2. That I have read the accompanying Special Leave Petition


containing pages to (paragraphs 1 to grounds A
to ), List of dates (Pages B to ), interlocutory
applications and understood the contents thereof. The facts
stated there in are true and correct from the record of the
case, which I believe to be true to the best of my knowledge
& belief.

3. That the Annexures are true copies of their respective


originals.

DEPONENT
VERIFICATION: -
Verified at New Delhi on this day of October 2014, I
the above named deponent, do hereby verify that the contents of
the above affidavit are true and correct to the best of my
knowledge & belief. No part of it is false and nothing material has
been concealed therefrom.

DEPONENT
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
I.A. No. of 2014
In
SPECIAL LEAVE PETITION (CIVIL) NO. OF 2014

IN THE MATTER OF :
Atma Nand Puri …..Petitioner

Versus

Smt. Bibi … Respondent

APPLICATION FOR EXEMPTION FROM FILING


CERTIFIED COPY OF THE IMPUGNED ORDER.

To
The Hon’ble Chief Justice of India
And His Companion Justices of the
Hon’ble Supreme Court of India.
The humble petition of the
Petitioner above-named;

MOST RESPECTFULLY SHOWETH: -

1. That the petitioner has this day filed the

accompanying Special Leave Petition before this

Hon’ble Court against the impugned judgment and

final order dated 23.07.2014 passed by the Hon'ble

High Court of Punjab and Haryana at Chandigarh in

R.S.A. No. 2724 of 1985 (O&M).

2. That the facts and circumstances have been set out

in the aforesaid Special Leave Petition. The petitioner


craves leave of this Hon’ble Court to refer to and rely

upon the contents of the same for the sake of present

application.

3. That the petitioner has not been able to file the

certified copy of the impugned order dated

23.07.2014 passed by the Hon'ble High Court of

Punjab and Haryana at Chandigarh in R.S.A. No.

2724 of 1985 (O&M) due to paucity of time since the

same has not been received. However, the petitioner

has filed a typed copy of the impugned order along

with the present Special Leave Petition.

4. That the petitioner undertakes to file the certified

copy of the impugned order as and when the same is

received or when it is so directed by this Hon'ble

Court.

PRAYER

It is, therefore, in the facts and circumstances of the

case and in the interest of justice, most respectfully prayed

that this Hon’ble Court may graciously be pleased to:-

(i) exempt the petitioner from filing certified copy of the

impugned judgement and final order dated

23.07.2014 passed by the Hon'ble High Court of


Punjab and Haryana at Chandigarh in R.S.A. No.

2724 of 1985 (O&M).

(ii) Pass any other order or orders as this Hon’ble Court

may deem fit and proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS YOUR

PETITIONER AS IN DUTY BOUND SHALL EVER PRAY

New Delhi. FILED BY:

Filed on: 10.2014


(AJAY KUMAR SINGH)
ADVOCATE FOR THE PETITIONER.
IN THE SUPREME COURT OF INDIA

(CIVIL APPELLATE JURISDICTION)

I.A. No. of 2014

In

SPECIAL LEAVE PETITION (CIVIL) NO. ________OF 2014

IN THE MATTER OF :

Atma Nand Puri …..Petitioner

Versus

Smt. Bibi … Respondent

APPLICATION FOR CONDONATION OF DELAY IN

FILING THE SPECIAL LEAVE PETITION

To

The Hon’ble Chief Justice of India

And His Companion Justices of the

Hon’ble Supreme Court of India.

The humble petition of the

Petitioner above-named;

MOST RESPECTFULLY SHOWETH: -

1. That the petitioner has this day filed the

accompanying Special Leave Petition before this

Hon’ble Court against the impugned judgment and

final order dated 23.07.2014 passed by the Hon'ble

High Court of Punjab and Haryana at Chandigarh in

R.S.A. No. 2724 of 1985 (O&M).


2. That the facts and circumstances have been set out

in the aforesaid Special Leave Petition. The petitioner

craves leave of this Hon’ble Court to refer to and rely

upon the contents of the same for the sake of present

application.

3. That the delay has occurred in filing Special Leave

Petition because of the reason that after the

pronouncement of the impugned Judgment, the

certified copy of the impugned order was applied for.

4. That the certified copy of the same has been received

thereafter on receipt the certified copy it was sent to

the Petitioner’s Advocate at Chandigarh for getting his

opinion whether to file Special Leave Petition. Then

the Advocate took sometime for filing the Special

Leave Petition.

5. That therefore, the delay of days in filing the

instant Special Leave Petition is neither intentional

nor deliberate and was due to the reasons beyond the

control of the petitioner.

6. That the petitioner would suffer an irreparable loss

and injury and can not be compensated if the delay in

filing the Special Leave Petition is not condoned.


PRAYER

It is, therefore, in the facts and circumstances of the

case and in the interest of justice, most respectfully prayed

that this Hon’ble Court may graciously be pleased to:-

(a) Condone the delay of days in filing the

accompanying Special Leave Petition against the

impugned judgement and final order dated

23.07.2014 passed by the Hon'ble High Court of

Punjab and Haryana at Chandigarh in R.S.A. No.

2724 of 1985 (O&M);

(b) Pass any other order or orders as this Hon’ble Court

may deem fit and proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS YOUR

PETITIONER AS IN DUTY BOUND SHALL EVER PRAY

New Delhi. FILED BY:

Filed on: -

(AJAY KUMAR SINGH)


ADVOCATE FOR THE PETITIONER.
ANNEXURE P-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CM 2740-C of 2006 and CM 2741-C of 2006

in R.S.A. No. 2724 of 1985

Present : Shri Arun Jain, Advocate, for the appellant.

Delay in filing the present application for

restoration is condoned CM 2741-C of 2006 stands disposed

of.

For the reasons given in the application, order

dated December 13, 2001 is recalled. The main appeal is

restored back to its original number. CM 2740-C of 2006

stands disposed of.

CM 5186-C of 2006 to be heard along with the

main case.

January 15, 2007 (Viney Mittal)

Judge

// TRUE COPY //
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

MEMO OF PARTIES

Atma Nand Puri Chela of Ganesh Puri


aged about 46 years r/o Shivala Mandir,
Tehsil Zira District Ferozepur, Punjab.

Versus

Smt. Bibi
daughter of Shri Sawan Singh
son of Anokh Singh
resident of village Moham,
Tehsil and district Ferozepur, Punjab.

Chandigarh
P.S.DHALIWAL
Dated: Advocate
For the Petitioners

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