RSA No.3992 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3992 of 2009. Decided on: November 05, 2009. Ram Dia .. Appellant VERSUS Kehar Singh .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.A.P.Bhandari, Advocate, for the appellant. M.M.S. BEDI, J. (ORAL) The suit of the plaintiff-respondent for injunction has been decreed by the Courts below restraining the defendant- appellant from carving out any rasta/passage through the suit land measuring 1 kanal 8 marlas comprising of Rectangle No.54, Killa No.26, situated within the revenue estate of village Balbehra, as per the jamabandi for the year 2000-01, giving a finding of fact after taking into consideration (EX.P4) Aks Shhajra, the admission of DW.1 appellant-defendant and the order of consolidation Officer (EX.D1), to the effect that the passage comprising of Khasra Nos.677 and 678, as shown in EX.P4, do not touch each other. It . . . 1 RSA No.3992 of 2009 was further held that had the defendant been a co-sharer in the suit land comprising in Killa No.26, he would certainly have a right to use the suit land comprising in Killa No.26 for the purpose of ingress and egress for and to his land. If there is no passage leading to the land comprising in Killa No.14/2 and 17 of Killa No.54, owned by the defendant, he has got a remedy to approach the competent revenue/Consolidation Officer for providing a passage to his land. In view of the concurrent finding of fact regarding the non-existence of any passage in the land in dispute, I do not find any ground to interfere in the judgments and decrees passed by the Courts below. Dismissed as no substantial question of law arise for adjudication. However, defendant-appellant will be at liberty to opt for other remedies available to him for seeking his right to use the property in dispute as passage. (M.M.S.BEDI) JUDGE November 05, 2009. rka . . . 2