High Court of Punjab and Haryana, Chandigarh
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LEKH RAM & Ors v. ANIL KUMAR & Ors - RSA-4189-2005  RD-P&H 285 (19 December 2005)
Regular Second Appeal No.4189 of 2005
Date of Decision: 16.01.2006
Lekh Ram and others
Anil Kumar and others
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri Shilak Ram Hooda, Advocate for the appellants JUDGMENT
Appellants filed a suit for declaration to the effect that they be declared as owners in equal share of the house, in dispute. Their suit was dismissed. They also failed in appeal. Hence, this Regular Second Appeal.
Both the Courts below have found it as a matter of fact that Hukma, who has sold the property to the respondents, was owner of the same. Appellants have failed to prove their adverse possession over the said property. It has also come on record, as reflected in para 16 of the judgment of the appellate Court below, that the appellants have tempered with the judicial record to benefit them. Courts below have also noticed a fact that simpliciter suit for declaration was not competent, as the appellants have not prayed for cancellation of the sale deed in favour of the respondents. This Court feels that the judgments and decrees passed by the Courts below are perfectly justified and are based upon proper appreciation of evidence on record. No case is made out for interference.
January 16, 2006 ( Jasbir Singh )
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