Jodh Singh Thru Lrs. Gurnek Singh And ORS v. Gopal Singh Thru Lrs. Jagir Kaur And ORS

YOGESH SHARMA 2018.12.18 11:18 I attest to the accuracy and integrity of this document RSA-2698-2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RSA-2698-2016 (O&M) Date of decision : 13.12.2018 Jodh Singh (deceased) through LRs and others ... Appellants

Versus

Gopal Singh (deceased) through LRs and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Harminder Singh, Advocate for the appellants.

**** AMIT RAWAL, J.

CM-7230-C-2016 For the reasons stated in the application, the delay of 09 days in refiling the appeal is condoned.

CM stands disposed of.

RSA-2698-2016 The short point involved in the present regular second appeal preferred by the appellant-plaintiffs, who were not successful before the trial Court as well as the lower Appellate Court, had been that on the basis of the ownership vide sale deed of 1960, the plaintiffs failed to connect the khasra numbers pre and post consolidation. Subject matter of the sale deed was 9 kanals 19 marlas, whereas the declaration sought in 2009 was in respect of 22 kanals.

The best possible evidence to succeed in the suit was to bring

YOGESH SHARMA 2018.12.18 11:18 I attest to the accuracy and integrity of this document RSA-2698-2016 (O&M) on record the relevant revenue record to establish the connection. In the absence of the same, the simpliciter suit for declaration purported to be under Section 45 of the Punjab Land Revenue Act, for correction of the revenue record, was not maintainable. In this view of the matter, there cannot be any illegality or perversity in the judgments and decrees of the Courts below, much less, no substantial question of law arises for determination. Resultantly, the regular second appeal is dismissed. 13.12.2018 Yogesh Sharma ( AMIT RAWAL ) JUDGE Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No