High Court of Punjab and Haryana, Chandigarh
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Dharam Chand v. Gugan & Ors - RSA-5158-2003  RD-P&H 923 (17 February 2006)
R.S.A. No. 5158 of 2003
Date of Decision: February 7, 2006
Gugan and others
CORAM: HON'BLE MR. JUSTICE VINEY MITTAL.
Present:- Mr. J.S. Dhull, Advocate
for the appellant.
Mr.J.S. Yadav, Advocate
for the respondents.
VINEY MITTAL, J. (ORAL)
The plaintiff having concurrently lost before both the Courts below has approached this Court through the present Regular Second Appeal. He filed a suit for possession by way of partition. It was claimed by him that the property in question was joint between the parties and the plaintiff was entitled to 1/3rd share.
The claim of the plaintiff was contested by the defendants. It was claimed that the parties had remained in separate possession of their shares for a period of more than 30 years and during the life time of their fathers, Salag Ram, the defendants had raised a construction of a residential house, which had R.S.A. No. 5158 of 2003 
remained in existence of more than 30 years. It was claimed that at no point of time, the plaintiff had ever raised any objection.
Both the Courts below have concurrently found that the parties were in separate possession of their share for a period of more than 30 years and the defendants had even raised construction of pacca house in the portion falling to their share. The suit of the plaintiff was dismissed by the learned trial Court and the appeal failed before the learned first Appellate Court.
Nothing has been shown that the findings recorded by both the Courts below suffer from any infirmity or are contrary to record.
No question of law, much less any substantial question of law, arises in the present appeal.
February 7, 2006 (VINEY MITTAL)
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