R.S.A.No.160 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.160 of 2005 Date of Decision : 03.07.2009 Hawa Singh and Others ...Appellants Versus Ram Kumar ...Respondent CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. V.K.Jain, Sr. Advocate, with Mr. Parshant Vashisth, Advocate, for the appellants. HEMANT GUPTA, J. (ORAL) The defendants are in second appeal against the order passed by the Courts below whereby the suit for permanent injunction in respect of a plot as described in the head-note of the plaint was decreed. The plaintiff has acquired title over the suit property on the basis of sale deed dated 21.2.1994 having purchased the same from Randhir Singh S/o Giani Ram. On the basis of the said sale deed, the plaintiff claims to be the owner of the suit property. The defendant/appellants denied the title of the plaintiff and asserted that the sale deed is fraudulent and collusive and that land was never owned and possessed by Randhir Singh. The defendants claimed title over the suit land through Bhichha son of Cheta. Both the Courts have examined the evidence led by the parties and have recorded concurrent findings of fact that in fact Randhir Singh was the owner of the suit property and not Bhichha and that Randhir Singh transferred his rights in favour of the plaintiffs vide sale deed dated R.S.A.No.160 of 2005 2 21.2.1994. Such finding of fact are sought to be disputed by reappreciation of evidence in second appeal. I do not find that any of the findings recorded by the Courts below have been recorded either on misreading of evidence or by ignoring material evidence. I do not find that any substantial question of law arises for consideration by this Court in second appeal. Dismissed. 03.07.2009 (HEMANT GUPTA) Vimal JUDGE