High Court of Punjab and Haryana, Chandigarh
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Ranjit Singh v. Ibrahim & Ors - RSA-995-2004  RD-P&H 775 (15 February 2006)
RSA No.995 of 2004(O&M)
Date of Decision: 7.02.2006
Ibrahim and others
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri G.S.Sandhawalia, Advocate for the appellant Shri Rajan Gupta, Advocate for respondent No.2 Shri M.C.Beri, Sr.DAG Punjab
C.M. No.2461-C of 2004
In view of averments made in application, which is accompanied by an affidavit, it is allowed and one day delay in filing the appeal stands condoned.
RSA No.995 of 2004
Appellant alongwith respondent Nos.13 and 14 filed a suit for possession of land, measuring 5 marlas, description of which was given in their plaint. It was further prayed that respondent Nos.1 to 12 be restrained from raising any construction over the said property. Their suit was dismissed. Appeal filed by the appellant and respondent No.l4 also failed.
Both the Courts below have found it as a matter of fact that in between land of the appellant, which is in dispute, there existed circular road of the village and as such, there is no question of the respondents, referred to above, to encroach upon land of the appellant as alleged. It has further been noticed that even as per case of the appellant, the circular road does not pass through his property. The demarcation report, upon which, reliance was placed by the appellant, has been discarded by the Courts below, having been made against the rules and in absence of the respondents. No substantial question of law has been raised at the time of arguments, as such, no case is made out for interference.
February 7, 2006 ( Jasbir Singh )
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