IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH
REGULAR SECOND APPEAL 2182 OF 1993
DECIDED ON : July 31,2008
Kartar Singh & others
....Appellants
Versus
Piara Singh & others
....Respondents
CORAM : HON’BLE MR.JUSTICE AJAY TEWARI
Present: Mr.O.P.Nagpal, Advocate, for the appellants
Mr.Narinder Lucky, Advocate,for Mr.G.S.Nagra,
Advocate, for the respondents
AJAY TEWARI, J
This is defendants’ appeal against the judgement of reversal in
a suit filed by the respondents-plaintiffs praying for permanent injunction
restraining the appellants from interfering in the plaintiffs’ possession over the plot
measuing 10 marlas situated in village Sarai Tehsil Ajnala, district Amritsar.
The learned lower appellate Court noticed that there is no
definite plea by the appellants in their written statement and in the absence thereof,
no amount of evidence could be led or looked into. Even otherwise, the learned
counsel for the appellants framed the following questions of law:-
“Whether findings of the Additional District Judge that
Bimla etc. predecessors of plaintiffs-respondents were in
possession of the plot in dispute and they handed over
the possession of the same to the plaintiffs at the time of
execution of sale deed dated 27-06-1989 are based on
misreading of evidence and cannot be sustained.?”
–2–
In my view, the aforesaid question is purely a question of fact and
this Court cannot go into this question.
Consequently, this appeal is dismissed and the suit of the respondents
stands decreed.
Sd/-
[Ajay Tewari]
Judge
July 31,2008
MandeepKaur