RSA No. 2170 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No. 2170 of 2011 (O&M) Date of Decision: 26.5.2011. Ram Sarup .......Appellant Vs. Mohan Lal and others ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Tribhawan Singla, Advocate for the appellant. ..... SABINA, J. Plaintiff-appellant had filed a suit for permanent injunction claiming himself to be exclusive owner in possession of 30 eucalyptus trees which had been planted on the boundary wall of Killa Nos. 7 and 8. Defendants, in their written statement, denied the contentions in the plaint. It was averred that eucalyptus trees were standing in the land belonging to the defendants bearing Killa No. 7//4, 7//3/1, 3/2, 3/3 and 3/4. On the pleadings of the parties, following issues were framed by the trial Court:- “1. Whether the plaintiff is entitled for a decree for permanent injunction is prayed for? OPP 2. Whether the plaintiff has no locus standi and RSA No. 2170 of 2011 (O&M) -2- cause of action to file and maintain the present suit? OPD 3. Whether the suit of the plaintiff is not maintainable? OPD 4. Whether the plaintiff is estopped by his own act and conduct to file and maintain the present suit? OPD 5. Whether the plaintiff has concealed the true and material facts? OPD 6. Relief.” Civil Judge (Junior Division) vide judgment and decree dated 11.3.2010 dismissed the suit of the plaintiff. Aggrieved by the said judgment and decree, plaintiff filed an appeal and the same was also dismissed by the Additional District Judge vide judgment and decree dated 2.4.2011. Hence, the present appeal by the plaintiff. After hearing the learned counsel for the appellant, I am of the opinion that the instant appeal deserves dismissal. Plaintiff had filed the suit claiming himself to be the owner of 30 eucalyptus tress in dispute. The case of the plaintiff was that the eucalyptus trees were standing on the boundary wall of Killa No. 7 and 8, whereas the case of the defendant was that the eucalyptus trees were standing on their land bearing Killa No. 7. On an application, moved by the plaintiff, a local commissioner was appointed vide order dated 4.6.2008 and was directed to visit the spot and demarcate the land. The local commissioner-Naib Tehsildar, Shahbad inspected the spot on 18.5.2009 and submitted his report. As per the demarcation RSA No. 2170 of 2011 (O&M) -3- report, the local commissioner found that the trees were standing on the land of the defendants. On the basis of the said report, the courts below had dismissed the suit of the plaintiff. No substantial question of law arises in this appeal. Dismissed. (SABINA) JUDGE May 26, 2011 Gurpreet