Ram Parkash v. Paras Ram

CM-6824-C-2018 in/and RSA No.2396 of 1995 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-6824-C-2018 in/and RSA No.2396 of 1995 (O & M) Date of Decision:23.05.2018 Ram Parkash and another ...Appellants

Versus

Paras Ram and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Ms. Alka Chatrath, Advocate for the applicants/appellants.

Mr. Manish Dadwal, Advocate for respondent No.2.

ANIL KSHETARPAL, J.(Oral) CM No.6824-C of 2018 Application is allowed.

Appeal is restored to its original number. Order dated 25.04.2018 is recalled.

RSA No.2396 of 1995 With the consent of learned counsel for the parties, the appeal has been taken on Board and finally heard.

Plaintiffs/appellants are in the regular second appeal against the concurrent findings of fact arrived at by the Courts below. Plaintiffs filed a suit for declaration challenging the sale deed dated 03.08.1988 executed by defendant No.1 on the ground that the sale was more than his share.

Both the Courts below after appreciating the evidence available Sheetal Gawri 2018.06.08 14:14 I attest to the accuracy and integrity of this document on the file, have recorded a finding that as per memorandum of partition

CM-6824-C-2018 in/and RSA No.2396 of 1995 (O & M) -2dated 07.10.1967 arrived at between the parties, 10 marlas land fallen in the share of defendant No.1 and thereafter the aforesaid plot was sold. It has further been noticed that defendant No.3 has also sold land to defendant No.2. The concurrent judgments of the Courts below are neither perverse nor result of any misreading or non-reading of the evidence. In view thereof, there is no scope for interference. Regular second appeal is dismissed.

23.05.2018 (ANIL KSHETARPAL) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2018.06.08 14:14 I attest to the accuracy and integrity of this document