Paras Ram vs Sohan Lal And Others on 14 July, 2009

R.S.A.No.533 of 2007                                        1



      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                              R.S.A.No.533 of 2007
                              Date of Decision : 14.07.2009

Paras Ram                                         ...Appellant

                              Versus

Sohan Lal and others                              ...Respondents

CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA

Present: Mr. Raj Mohan Singh, Advocate,
         for the appellant.

          Mr. Rishi Pal, Advocate,
          for respondent Nos.1 to 12, 14, 15 and 17.

HEMANT GUPTA, J. (ORAL)

The plaintiff is in second appeal aggrieved against the

judgment and decree passed by the Court below, whereby suit for

permanent injunction restraining the defendants from raising any

construction on the suit property and also for possession and mandatory

injunction in respect of alleged encroachment, was dismissed.

The only dispute between the parties is regarding demarcation

of respective property. It has been found that two Local Commissioners

have given their reports Exs.P-3 and P-6 appointed at the instance of

plaintiff that the property cannot be demarcated as pucca points cannot be

identified. In view of the said finding, the reliance of the petitioner on

the report of demarction carried out by Chajju Ram, retd. Kanungo, has

been rightly not taken into consideration for various reasons as delineated

by the Courts below.

R.S.A.No.533 of 2007 2

Findings of fact to the effect that the property cannot be

demarcated, are sought to be disputed by reappreciation of evidence in

second appeal.

In view of the said fact, I do not find that any substantial

question of law arises for consideration by this Court in second appeal.

Dismissed.

14.07.2009                                      (HEMANT GUPTA)
Vimal                                               JUDGE