R.S.A. No. 1419 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 1419 of 2011 (O&M) Date of Decision: May 30, 2011 Mahender and others …..Appellants Vs. Krishan @ Ballu …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Pardeep Chahar, Advocate for the appellants. -.- M.M.S. BEDI, J. (ORAL) Misc. application for impleading the LRs of the plaintiff- appellant is allowed as prayed for. There is a delay of 1636 days in re-filing and 2 days in filing of the appeal. For the reasons mentioned in the applications, the delay in re- filing and filing of the appeal is condoned. Applications stand disposed of. Suit of the plaintiff for permanent injunction claiming to be owner in possession of House No. 642/1 situated within the abadi of Village R.S.A. No. 1419 of 2011 (O&M) [2] Bharproda Tehsil Bahadurgarh, District Jhajjar, as shown in site plan marked by letters ADEFCB with dimensions mentioned in the heading has been dismissed by the Courts below, holding that admittedly plaintiff is owner in possession of house No.642/1 but a street adjacent to the said house cannot be claimed by the plaintiff on the basis of the overwhelming evidence produced by the defendant indicating that Ex.D6 measurement of plot No.642/1 do not tally with the measurement given by Local Commissioner in his report Ex.P1. On appreciation of the evidence produced by both the parties and taking into consideration the demarcation reports, a finding of fact has been arrived at by the Courts below, that on account of details of the demarcation and dimensions of plot No.642/1 having not been fairly given by the plaintiff, the suit of the plaintiff cannot be decreed. After hearing counsel for the plaintiff- appellants and going through the judgments of both the Courts below, I do not find any substantial question of law involved in the case and to interfere in the concurrent finding of fact arrived at by the Courts below regarding the property in dispute. Dismissed. May 30, 2011 (M.M.S.BEDI) sanjay JUDGE