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KANAK SINGH versus PHERU & ORS

High Court of Punjab and Haryana, Chandigarh

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Kanak Singh v. Pheru & Ors - RSA-2799-2003 [2006] RD-P&H 1833 (20 March 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA 2799 of 2003

Date of decision 21.3.2006

Kanak Singh .. appellant

Versus

Pheru and others .. Respondents

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

This is plaintiffs appeal challenging concurrent findings of fact recorded by both the Courts below holding that the plaintiff-appellant has failed to prove on record either the ownership or his possession upon the suit property. The report of the Local Commissioner Ex.P.2 submitted by PW 1 Devinder Sharma has been found to be of no help to the plaintiff-appellant because he was never appointed by the Court. On inspection of the suit property the afore-mentioned report was submitted in some earlier suit to which defendant- respondent was not a party. Moreover, Shri Devinder Sharma PW 1 had inspected some other adjoining property. It has further been found that the revenue officials after inspecting the site reached the conclusion that the suit property is under the ownership of the Central Government as per copy of Jamabandi Ex.D.1 The Central Government has never been impleaded as a party to the suit.

Having heard the learned counsel I am of the view that no question of law warranting admission of the appeal would arise. Merely because the plaintiff-appellant has been using the property for keeping his cow dung etc. would not prove that he is in possession of the suit property or he has become owner of the same. The appeal is wholly without merit. Therefore, the same is dismissed.

(M.M.Kumar)

21.3.2006 Judge

okg


Copyright

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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