R.S.A No. 3128 of 2005 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 3128 of 2005 (O&M) Date of decision : August 18, 2009 Bhagat Singh, ...... Appellant (s) v. Surinder Singh and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Rakesh Gupta, Advocate for the appellant. Mr. R.K.Gupta, Advocate for respondents No.1 to 4. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This appeal has been filed against concurrent judgments of the Courts below dismissing the suit of the plaintiff/appellant claiming pre- emption of the sale deed in favour of respondents No.1 to 4. Both Courts have found that the appellant could not establish that he had ever paid any batai/rent to respondent No.5. The following questions have been proposed :- “ a) Whether from the evidence on the file the appellant proved to be a tenant on the suit land in his own R.S.A No. 3128 of 2005 (O&M) ::2:: independent right and is entitled to pre-empt the sale in question ? b) Whether the sub tenant is also entitled to pre- emption ? c) Whether the legal documentary evidence can be ignored without any apparent reason ? d) Whether the learned trial Court has totally misread the evidence on the file ?” It would be seen that questions No. (a), (c) and (d) are pure questions of fact. Counsel for the appellant has taken me not only through the findings of the Courts below but also through the evidence but has not been able to persuade me that the finding of fact that the appellant was never proved to be a tenant is either based on no evidence or is based on such misreading of evidence as would render the same perverse. No arguments have been addressed on question No.(b). Consequently, holding the questions proposed against the appellant, this appeal is dismissed with no order as to costs. As the main appeal has since been dismissed, all the pending civil miscellaneous applications, if any, also stand disposed of. ( AJAY TEWARI ) August 18, 2009. JUDGE `kk' R.S.A No. 3128 of 2005 (O&M) ::3::