Paramjit Singh And ANR v. Jaswant Singh And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RSA No. 821 of 2012 (O&M) Date of decision: 7.8.2015 Paramjit Singh and another ..... Appellants

Versus

Jaswant Singh and another ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Sandeep Sharma, Advocate, for Mr. Veneet Sharma, Advocate for the appellants. RAJESH BINDAL, J The plaintiffs are before this Court against concurrent findings of fact recorded by both the courts below, whereby the suit filed by them for permanent injunction restraining the respondents/defendants from interfering into their possession over the suit property, was dismissed. In the case in hand, both the courts below found that the appellants had not been able to either identify property or prove their possession. No demarcation report or the site plan was produced on record. Though it was sought to be claimed by the appellants that the property in question was never sold by their grand father to any one, however, the defendants produced the certified copy of the sale deed executed by Nihal Singh in their favour.

Once identity of the property itself has not been established on record by producing any reliable evidence, in my opinion, no illegality has been committed by the courts below in dismissing the suit for permanent injunction filed by the appellants/plaintiffs. No substantial question of law arises. The appeal is accordingly dismissed.

(RAJESH BINDAL) JUDGE 7.8.2015 sharmila SHARMILA 2015.08.13 15:50 I attest to the accuracy and authenticity of this document.

Chandigarh