R.S.A. No. 730 of 2010 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 730 of 2010 (O&M) Date of Decision: May 12, 2011 Dara Singh and others …..Appellants Vs. Ram Pal and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Ishwar Lal, Advocate for the appellants. Mr. Sanjay Gupta, Advocate for the respondents. -.- M.M.S. BEDI, J. (ORAL) The suit of the plaintiff- respondents for permanent injunction restraining the defendant- appellants from interfering in the property in dispute described in the heading of the plaint measuring 2 kanals 17 marlas has been decreed by the Courts below on the basis of the established possession of the plaintiff- respondents leaving the issue of ownership open. R.S.A. No. 730 of 2010 (O&M) [2] Counsel for defendant- appellants has vehemently contended that the plaintiffs’ witnesses PW1 Ujjagar Singh and PW2 Ram Pal indicates that they have admitted that the defendant-appellants are also having possession over a part of the suit land. In view of the said circumstances it is claimed that the suit for permanent injunction on the basis of the possession should not have been decreed by the Courts below. He has placed strong reliance on Ex.D1, a rough site plan which was produced on record to establish that the defendants are in possession of the land in dispute to the extent of 15 marlas. The Courts below have taken into consideration the said site plan and rejected the same as the said site plan has not been proved by the person who prepared the same. The Courts below taking into consideration the revenue entries and evidence produced have arrived at a finding of fact that the plaintiff- respondents have been able to establish their possession over2 kanals 17 marlas of land leaving 6 ½ of land which has already been parted by them in favour of Jaswinder Singh and Mohan Lal vide sale deed dated December 5, 1995. No ground is made out for interference in the said concurrent finding of fact arrived at by the Courts below. The suit of the plaintiff- respondents regarding the suit land having shown in his possession has rightly been decreed by the Courts below. Dismissed. May 12, 2011 (M.M.S.BEDI) sanjay JUDGE