IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
RSA No.242 of 1987 (O&M)
Date of decision: 11.11.2009
Mehar Singh and others
-----Appellants
Vs.
Padam Singh and another
----Respondents
CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
Present:- Mr. SK Chauhan, Advocate for the appellants.
None for the respondents.
Adarsh Kumar Goel,J.
1. This appeal has been preferred by the defendants
against decree granted by the courts below for injunction
against encroachment of the suit property.
2. Case of the respondent-plaintiffs was that they
were owners in possession of the suit property which was a
passage and the defendants were interfering in possession
of the plaintiffs and wanted to encroach upon the said
passage.
RSA No.242 of 1987 (O&M) 2
3. The suit was contested disputing title of the
plaintiffs and claiming the suit property to be of the
defendants.
4. Main issue between the parties was whether the
suit property belonged to the plaintiffs or defendants.
5. The trial court decreed the suit. After referring to
revenue record comprising of Ex.P1 Jamabandi for the year
1974-75, ExP6 Jamabandi for the year 1979-80 recording
the site in dispute to be thorough fare of which the
plaintiffs were co-sharers. Plea of the defendants that suit
property was part of plot purchased by them, was rejected
after considering report of Local Commissioner Ex.P2 and
site plan Ex.P3. On appeal, findings of the trial court have
been affirmed.
6. The appeal has been pending for the last more
than 22 years. The appeal can be entertained only if there is
any substantial question of law. No substantial question of
law has been framed. Even during the course of hearing,
learned counsel for the appellants has not been able to
frame or show any substantial question of law.
7. Accordingly, the appeal is dismissed.
RSA No.242 of 1987 (O&M) 3
November 11, 2009 (Adarsh Kumar Goel)
'gs' Judge