R.S.A.No.2281 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
R.S.A.No.2281 of 2008
Date of Decision : 06.10.2009
Braham Prakash and others ...Appellants
Versus
Om Parkash and others ...Respondents
CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA
Present: Mr. P.R.Yadav, Advocate,
for the appellants.
Mr. Rajesh Khandelwal, Advocate, for
Mr. S.N.Yadav, Advocate,
for respondents No.1, 2 and 4.
HEMANT GUPTA, J. (ORAL)
The defendants are in second appeal aggrieved against the
judgment and decree passed by the Courts below, whereby suit for
possession by directing the defendants to remove the encroachment upon
the plot of the plaintiffs in khasra No.92, was decreed.
Both the Courts have considered the voluminous documentary
evidence led by the parties to return a finding that the defendants have
encroached upon the plot of the plaintiff. Such finding has been returned
after getting the plot demarcated in accordance with the instructions of
the Financial Commissioner.
On 15.10.2008, notice of motion was issued on the basis of the
statement of learned counsel for the appellants that they are in possession
of 3 Marlas of land for about 25 years and they are ready and willing to
pay the price of 3 Marlas of land, which has been found to be in their
R.S.A.No.2281 of 2008 2
unauthorized possession.
However, the parties could not arrive at a settlement in respect
of price to be paid by the appellants.
Both the Courts have returned a finding that the defendants
have encroached upon the land of the plaintiffs measuring 3 Marlas.
Such finding is based upon proper appreciation of evidence. It could not
be pointed that any evidence has been misread or not taken into
consideration. Findings of fact recorded by the Courts below cannot be
permitted to be disputed by reappreciation of evidence in second appeal.
Consequently, I do not find that any substantial question of law
arises for consideration by this Court.
Dismissed.
06.10.2009 (HEMANT GUPTA) Vimal JUDGE