Sachwinder Singh v. Raghbir Singh & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA-2180-2017 (O & M) Date of decision :15.02.2018 Sachwinder Singh ...Appellant

Versus

Raghbir Singh and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr.Damanjit Singh Sandhu, Advocate for the petitioner.

ANIL KSHETARPAL, J.(Oral) Defendant No.3 is in the regular second appeal against the concurrent findings of fact arrived at by the Courts below. Plaintiff filed a suit for possession of land measuring 4 kanals asserting that the defendants had encroached upon the land when the plaintiff was in jail. Defendants claimed ownership of the land on the basis of allotment made by the State in their favour.

Both the Courts after appreciating the evidence available on the file have recorded a finding of fact that the plaintiff is owner as per sale certificate issued by the State dated 11.09.1996 Ex.P6 on the file. The Court has also noticed that as per the revenue record spanning over more than ten years, plaintiff is recorded as owner. The Courts have further noticed that the defendants have failed to prove their ownership as asserted in the pleadings. I have heard learned counsel for the appellant at length. Learned counsel for the appellant could not point any substantive error in the concurrent judgments passed by the Courts below. In view thereof, there is no scope for interference. Hence, the regular second appeal is dismissed. 15.02.2018 (ANIL KSHETARPAL) sheetal JUDGE Whether Speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Sheetal Gawri 2018.02.17 15:30 I attest to the accuracy and integrity of this document