R.S.A. No. 4493 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 4493 of 2010 Date of Decision: May 10, 2011 Rabi Singh …..Appellant Vs. Avtar Singh and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Sanjiv Pabbi, Advocate for the appellant. -.- M.M.S. BEDI, J. (ORAL) Suit of the plaintiff- appellant for declaration that he is owner in possession of 1/3rd share each in the land situated in Village Aujla and Bhukhri and half share of land in Village Mullanpur Garibdass, has been dismissed by the Courts below holding that the suit is barred by time and in view of decree dated March 29, 1986 Ex.D1 and Will dated January 9, 1985, the plaintiff has no right in the property in dispute. R.S.A. No. 4493 of 2010 [2] Counsel for the appellant has vehemently contended that the plaintiff did not have any knowledge about the decree of 1986. I have heard counsel for the appellant and gone through the judgment and decree passed by the Courts below. A concurrent finding of fact has been arrived at by the Courts below regarding the Will dated January 9, 1985 and the decree Ex.D1 to hold that the plaintiff does not have any right in the suit land claimed by him. So far as the knowledge of the plaintiff- appellant regarding the decree of 1986 is concerned, he had a fair knowledge about the consequence of the said decree as mutation entered on the basis of the said decree was known to the plaintiff- appellant. No ground is made out for interference in the concurrent finding of fact arrived at by the Courts below and this Court is of the considered opinion that no substantial question of law is involved in this case to warrant interference in the exercise of powers in the Court of second appeal. Dismissed. May 10, 2011 (M.M.S.BEDI) sanjay JUDGE