RSA No. 3584 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 3584 of 2009 Date of decision:- 17.11 .2011 Satvir Singh ...Appellant Versus Gram Panchayat Village Phoolpura and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sanjay Majithia, Sr. Advocate with Mr. Ajay Sekhawat, Advocate for the appellant. Mr. B.S. Jaswal, Advocate for respondent Nos 6 to 11, 13, 14, 15(i) & (ii), 16, 18, 20 to 22, 25 to 27, 29, 30, 32, 34 to 37, 39 and 42. None for respondent Nos. 1, 2 to 4, 19, 23, 24, 28 and 38. Respondent Nos. 12, 17, 31, 33, 41 and 43 ex parte 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? RITU BAHRI J. The plaintiff filed a suit for declaration that he was the owner in possession of the suit land being one of the proprietors and in the alternative has become owner by way of adverse possession. The suit land carrying the entry as 'Jumla Mustarka Malk-an as Bachhat during consolidation of holdings in the village. It was occupied by Sh. Prabhu Singh s/o Sh. Bhagawan, uncle of the plaintiff who was in cultivating possession and after his death on 11.12.1991, in terms of RSA No. 3584 of 2009 -2- registered will dated 30.11.1990, the suit land has been inherited by the plaintiff who has stepped into the shoes of late Prabhu Singh. Both the Courts below have dismissed the suit of the plaintiff by holding that the Bachat land left out during consolidation belonged to the proprietors. Prabhu Singh was in possession over the suit land as tenant 'Gair Mourousi' on the payment of 'Chakota Sal Tamam' ` 130 Khari Pari. The plaintiff cannot claim ownership of the land which belong to the proprietors by virtue of registered will dated 30.11.1990. As the ownership of the land was claimed, plea of adverse possession is not available to the plaintiff. He has also not been able to prove Prabhu Singh s/o Sh. Bhagawan to be owner of the land which belonged to the proprietors of the village. No substantial question of law arises for consideration before this Court as per Section 100 of the Code of Civl Procedure. Accordingly, R.S.A is dismissed. 17.11. 2011 ( RITU BAHRI ) G.Arora JUDGE