RSA No. 2962 of 2008(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RSA No. 2962 of 2008 (O&M)
Date of Decision: September 07, 2009
Bharat Singh and another
...... Appellants
Versus
Bhatheri and others
...... Respondents
Coram: Hon'ble Mr. Justice Ajay Tewari
Present: Mr.Anurag Jain, Advocate
for the appellants.
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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?
Ajay Tewari, J.
This appeal has been filed against the concurrent judgments of
the Courts below dismissing the suit of the appellants for injunction
restraining the respondents from dispossessing them on the ground that
they had inherited the land by virtue of will of Smt.Surta.
The following questions have been proposed:-
a) Whether the judgments and decrees passed by the courts
below are tenable in law?
b) Whether the findings recorded by the courts below are
perverse?
c) Whether when the defendants have categorically
admitted Smt. Surta to be owner of house in question in their
RSA No. 2962 of 2008(O&M) 2
written statement, then can the plaintiffs be non-suited on the
ground that Smt.Surta was not the owner of the said house?
d) Whether an electricity bill produced to show the
possession of the plaintiffs can be disbelieved on the ground
that it does not find mention the father’s and village’s name?
It would be seen that all the questions are questions of fact.
Learned counsel has not been able to persuade me that the findings
recorded thereon are either based on no evidence or on such misreading of
evidence so as to liable for interference under Section 100 C.P.C.
Consequently the appeal as well as the application for stay are
dismissed.
(AJAY TEWARI)
JUDGE
September 07, 2009
sunita