High Court of Punjab and Haryana, Chandigarh
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Ram Sarup v. Smt. Darshan Devi & Ors - RSA-1864-2003  RD-P&H 398 (30 January 2006)
REGULAR SECOND APPEAL NO. 1864 of 2003
DATE OF DECISION: February 6, 2006.
Smt. Darshan Devi and others
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. Sandeep Ghangas,
Advocate, for the appellant.
Appellant plaintiff filed a suit for injunction with a prayer that the respondents be restrained from interfering in his possession over the property, description of which was given in his plaint. During pendency of the suit, he, by alleging that the respondents have forcibly taken away possession from him, amended his plaint and prayed that decree for possession be issued in his favour. His suit was dismissed.
He also failed in appeal. Both the Courts below, by taking note of statement made by the appellant and his witness PW3 Jhanda Singh, wherein it was specifically admitted by them that the respondents had raised construction over the property in dispute in the year 1976 and since then they are in possession, came to a conclusion that the respondents had become owner by way of adverse possession. This Court is of the opinion that in view of evidence on record, order passed is perfectly justified. Nothing has been brought on record, which may necessitate any interference by this Court in pure findings of fact as no substantial question of law has been raised. Dismissed.
February 06, 2006. ( Jasbir Singh )
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