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Sita Ram v. Achhaibar - SECOND APPEAL No. 896 of 2007 [2007] RD-AH 14429 (23 August 2007)


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Hon. Pankaj Mithal, J.

This is plaintiff's second appeal after having lost from both the Courts below in a suit for permanent injunction. Admittedly there is no documentary evidence on record with regard to the ownership of the plaintiff-appellant over the land in dispute. The Courts below on the basis of the Advocate Commissioner's report and oral evidence adduced by both the parties concurrently recorded that the plaintiff-appellant has failed to prove his ownership and possession over the land in dispute.

Learned counsel for the appellant has argued that the findings recorded on the basis of the Advocate Commissioner's report is incorrect as the report was not admissible in evidence. It is not disputed that the plaintiff-appellant has not filed any objection against the Advocate Commissioner's report. Moreover, the findings recorded by the trail court as well as the appellate court are not solely based upon the aforesaid report. The courts below have considered the respective oral evidence of the parties in recording that the plaintiff-appellant is not owner in possession of the land in dispute.

In view of the above, there is no illegality on part of the Courts below in refusing to grant permanent injunction in favour of the plaintiff-appellant.

No substantial questions of law is involved in the appeal, it is accordingly dismissed.

Dt. 23.8.2007

S.S. 896/07


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