Bansa Ram And ORS. v. Banta Ram And ANR.

RSA No.1038 of 2017 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA No.1038 of 2017 (O&M) Date of decision:16.01.2019 Bansa Ram and others ... Appellants Vs.

Banta Ram and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Vinod Bhardwaj, Advocate for the appellants.

AMIT RAWAL J. (Oral) On instructions from his clients, learned counsel for the appellants submits that talks of compromise are going on. It is a case where suit for mandatory injunction claiming possession has been filed without payment of court fee. The suit ex facie was not maintainable. This is what was noticed in the previous order dated 12.10.2018. On a specific query raised to the learned counsel for the appellant, no answer has been given. Even otherwise also, despite placing on record umpteen number of documents to establish encroachment, no demarcation report, has been placed on record. In such circumstances, the Courts below have no other occasion but to dismiss the suit. In view of above, findings of fact and law arrived by both the Courts below cannot be said to be suffering from illegality and perversity, much less no substantial question of law arises for adjudication of the SAVITA KADIAN 2019.01.18 12:45 I attest to the accuracy and integrity of this document High Court Chandigarh

RSA No.1038 of 2017 (O&M) {2} present appeal.

Resultantly, the appeal is dismissed.

(AMIT RAWAL) JUDGE January 16, 2019 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2019.01.18 12:45 I attest to the accuracy and integrity of this document High Court Chandigarh