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SATYA BHUSHAN & Ors v. SIKANDER PAL & Ors - RSA-1795-2003  RD-P&H 141 (13 January 2006)
CM No. 745-C of 2006 in
REGULAR SECOND APPEAL NO. 1795 of 2003
DATE OF DECISION: January 30, 2006.
Satya Bhushan and others
Sikander Pal and others
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. V.B. Aggarwal,
Advocate, for the appellants.
Application is allowed and documents attached thereto are taken on record.
R.S.A. No. 1795 of 2003.
By alleging himself as owner, predecessor-in-interest of the appellants filed a suit for possession, wherein prayer was made that the possession be got delivered to him after demolition of construction (Kacha Kotha) from the property in dispute, details of which were given in his plaint. His suit was dismissed. Appellants also failed in appeal.
Both the Courts below have found it as a matter of fact that the appellants has failed to show that any encroachment has been made on the property, as alleged by him. He has also failed to show that he is owner of the property in dispute. No case is made out for interference in pure findings of fact as no substantial question of law has been raised.
January 30, 2006. ( Jasbir Singh )
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