Dharmender v. Jagdish & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA No.3909 of 2015 (O&M) Date of Order: 18.09.2017 Dharmender ..Appellant

Versus

Jagdish and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. S.K.Yadav, Advocate, for the appellant.

ANIL KSHETARPAL, J (Oral) Plaintiff-appellant is in regular second appeal against concurrent findings of fact arrived at by the Courts below. Plaintiff had claimed title on the basis of sale deed dated 01.07.2003. He had filed a suit for declaration and permanent injunction. Both the Courts have found that he has failed to prove the title of his vendor-Bhim Singh etc.

Although, learned counsel for the appellant has challenged the judgments and decrees of the Courts below on the ground that there is misreading of evidence however, on a pointed question as to where is the evidence to prove that the vendor of the plaintiff was owner of the property in dispute, he could not answer the same.

In view of the fact that the plaintiff has failed to prove the title of the vendor, I do not find any good ground to interfere with the concurrent findings of fact arrived at by the Courts below. The regular second appeal is ordered to be dismissed.

September 18, 2017 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2017.09.26 11:34 I attest to the accuracy and integrity of this document Chandigarh