R.S.A.No.149 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
R.S.A.No.149 of 2009
Date of Decision : 20.8.2009
The Dhariwal Zimidara Co-op. ...Appellant
Marketing-cum- Processing Society Limited
Versus
Nirmaljit Kaur and others ...Respondents
CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA
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?
Present: Mr. M.S.Bedi, Sr. Advocate, with
Ms. Gauri Bedi, Advocate,
for the appellant.
HEMANT GUPTA, J. (ORAL)
The plaintiff is in second appeal aggrieved against the
judgment and decree passed by the Courts below, whereby a suit for
declaration that the plaintiff is owner in possession of the shop in dispute,
was dismissed.
It has been found by the Courts below that the shop in dispute
is in fact purchased by the defendant-Gian Singh from one Ram Singh,
vide sale deed dated 13.9.1967 and that the fact of purchase by Gian
Singh is admitted by PW-8 Sansar Chand, Manager of the appellant-
Society. Both the Courts have considered the entire evidence to return a
concurrent finding of fact that the plaintiff has failed to prove any
document of ownership, whereas, the defendants are proved to be owner
R.S.A.No.149 of 2009 2
of the same, on the basis of sale deed dated 13.9.1967. The plaintiff has
not produced any document of title in respect of shop in dispute.
In view of the said fact, I do not find that any substantial
question of law arises for consideration by this Court in second appeal.
Dismissed.
20.8.2009 (HEMANT GUPTA) Vimal JUDGE