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GRAM PANCHAYAT, FARUKH NAGAR versus SOHAN LAL & ANR

High Court of Punjab and Haryana, Chandigarh

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Gram Panchayat, Farukh Nagar v. Sohan Lal & Anr - RSA-3581-2005 [2006] RD-P&H 1402 (3 March 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA No. 3581 of 2005

Date of decision 9.3.2006

Gram Panchayat, Farukh Nagar .. appellant Versus

Sohan Lal and another .. Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
PRESENT: Mr.Sachin Mittal , Advocate for the appellant M.M.Kumar, J.

This is defendants appeal filed under Section 100 of the Code of Civil Procedure, 1908 challenging concurrent findings of fact recorded by both the Courts below holding that the plaintiff- respondents are admittedly in possession of the suit land.

It has also been held that the plaintiff- respondents are the owner thereof. The defendant- appellant has not been able to place any document on record showing their ownership of the land in question. It has also been held that the nature of the land is abadi deh and in the absence of any record the long possession is construed to have matured into ownership. There is although circumstantial evidence on record showing that the plaintiff- respondents are owner and is acting in that fashion with regard to the land in question.

Having heard the learned counsel at some length I am of the considered view that no question of law warranting admission of the appeal would arise. The appeal is wholly without merit as there are concurrent findings of fact. Accordingly, the appeal RSA 3581 of 2005 .2.

fails and the same is dismissed.

(M.M.Kumar)

9.3.2006 Judge

OKG


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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