High Court of Punjab and Haryana, Chandigarh
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Dalip Kaur & Ors v. Mohinder Singh & Ors - RSA-4840-2004  RD-P&H 1069 (22 February 2006)
REGULAR SECOND APPEAL NO. 4840 of 2004 (O&M) DATE OF DECISION: March 3, 2006.
Dalip Kaur and others
Mohinder Singh and others
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. J.S. Bhandohal,
Advocate, for the appellants.
Appellants plaintiffs filed a suit for declaration to the effect that they have got an easementary right to pass through the land, description of which was given by them in their plaint. Their suit was dismissed. They also failed in appeal. Both the Courts below have found it, as a matter of fact, that earlier also the appellants Chand Singh and Naurang Singh filed a suit for permanent injunction, wherein it was stated that the passage in dispute was given to them, in exchange, by father of the respondents defendants. A specific issue was framed in that regard. Ultimately, after contest, their suit was dismissed. They also lost in appeal. It appears that subsequent thereto, appellants filed the present suit for the same relief, which was declined to them in their earlier suit. As the present suit was filed only by adding relief of declaration, the Courts below, by noticing earlier judgment, came to a conclusion that the present suit was barred by res judicata and further that the appellants have failed to prove, on record, existence of the passage, as claimed by them. This Court feels that in view of findings given by the appellate Court below, in paras No. 11 and 12 of the judgment, no case is made out for interference in pure findings of fact, as no substantial question of law has been raised. Dismissed.
March 03, 2006. ( Jasbir Singh )
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