High Court Punjab-Haryana High Court

Banarsi Dass And Others vs Balwant And Others on 4 November, 2008

Punjab-Haryana High Court
Banarsi Dass And Others vs Balwant And Others on 4 November, 2008
             IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

                                      RSA No.4373 of 2005

                                      Date of Decision: 04.11.2008

Banarsi Dass and others                                  ...... Appellants

      Versus

Balwant and others                                       ...... Respondents

Coram:       Hon'ble Mr. Justice Ajay Tewari

1. Whether Reporters of local papers 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?

Present:     Mr.R.N.Lohan, Advocate
             for the appellants.

             Mr. Bhoop Singh, Advocate
             for respondent No.1.

                   ****
Ajay Tewari, J.

This appeal has been filed against the judgment and decree
dated 22.10.2005 passed by the Additional District Judge, Jind whereby the
appeal of the respondents was partly allowed with regard to 3 ¼ Marlas of
land while the appeal regarding the remaining 5 ¼ Marlas of land was
dismissed.

In my opinion findings of the learned lower Appellate Court
on the entitlement and possession of the parties regarding the total area of
8 ½ Marlas holding that the appellants were entitled to 5 ¼ Marlas while
the respondent was entitled to and in possession of 3 ¼ Marlas are findings
of fact and nothing has been shown to render these findings of fact either
perverse or not arising from the evidence led.

Consequently this appeal is dismissed with no order as to costs.

(AJAY TEWARI)
JUDGE

November 04, 2008
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