Surajbhan vs Smt. Chotti Devi & Others on 25 November, 2008

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                     R.S.A No. 2325 of 2006

                                     Date of decision : November 25, 2008


Surajbhan,
                                           ...... Appellant.

                               through Mr.S.K.Yadav, Advocate for
                                       Mr.R.D.Yadav, Advocate

                         v.

Smt. Chotti Devi & others,

                                           ...... Respondents


CORAM : HON'BLE MR.JUSTICE AJAY TEWARI

                                ***

1. Whether Reporters of Local Newspapers 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 (Oral)

This appeal has been filed against concurrent judgments of the

Courts below decreeing the suit of respondents No.1 to 4 for restraining the

appellant and respondent No.5 from encroaching upon the land, owned by

respondents No.1 to 4. Both Courts have arrived at a finding of fact, on the

basis of the report of the Local Commissioner (Field Kanungo) Ex.PW1/D,

which they have preferred to the report Ex.DW4/A, filed by the appellant,

since the author of that report admitted that he did not demarcate the

neighbouring plots but only demarcated the plot owned by the appellant

and that he did not associate any body else with the preparation of that

report.

In my opinion, no infirmity can be found by the reliance placed

by the Courts below on the report of the Local Commissioner, who was
RSA No.2325 of 2006 :2:

appointed without objection from the appellant. In view of these findings

of fact, the questions of law proposed in this appeal do not arise for

consideration. The appeal is consequently dismissed with no order as to

costs.

                                      ( AJAY TEWARI          )
November 25 , 2008.                        JUDGE
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