IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CM No. 5750-C of 2008 and RSA No.1917 of 2008 Date of decision: 2.4.2009 Punni Devi & others … Appellants. Versus Fikiriya & others … Respondents CORAM: THE HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Krishan Singh, Advocate, for the appellants. … ARVIND KUMAR, J: CM No. 5750 of 2008: For the reasons mentioned in the application, the delay of 60 days in filing the appeal is condoned. CM stands disposed of. RSA No. 1917 of 2008: The present second appeal is by the legal representatives of Bhadu Ram, plaintiff (since deceased) who lost concurrently before the Courts below in a suit for permanent injunction filed by him. Plaintiff Bhadu Ram brought the present suit against the defendants alleging therein that he was in possession of the suit land forming part of khasra os. 24/1 and 24/2 of Rectangle No.24 in village Pando, Tehsil Jagadhri, District Yamunanagar. He alleged that he was in possession of the said property since the time of his ancestors and on which he had built a pucca house 25 years prior to the filing of the suit but the defendants were now trying to demolish the same and to dispossess him therefrom. Upon notice of the suit, defendants denied the claim of the plaintiff over the suit property and stated that he was an encroacher over the suit land which actually belonged to the Gram Panchayat. Further, reliance was placed upon a settlement, Exhibit D-2, so effected between the RSA No.1917 of 2008 -2- plaintiff and the Gram Panchayat which was signed/thumb-marked by other respectables of the village as well. It may be apt to mention at this stage that at the time of filing of the suit, the plaintiff had mentioned therein that the house is situated within the Abadi Deh of village Pando. But when during the pendency of the suit before the trial Court, vide order dated 20.9.1999 Naib Tehsildar was appointed as Local Commissioner to demarcate the suit land and he had submitted his report on 22.11.2000 stating that the suit property is situated in Khasra No. 24/1 & 24/2, the plaintiff moved an application for amendment of his plaint wherein he claimed that his house is part of khasra No. 24/1 and 24/2. The said application was allowed by the trial Court and the plaintiff filed the amended plaint accordingly. Trial Court upon appreciation of the evidence adduced on record , dismissed the suit of the plaintiff vide judgment and decree dated 14.10.2005 and held that the plaintiff had failed to prove that his property is situated within the Abadi Deh of the village and in fact, as per report of the Local Commissioner, the same is situated in Khasra Nos. 24/1 and 24/2 which are owned by the Gram Panchayat. Thus, the plaintiff was found to be in unauthorized possession of the land of the Gram Panchayat which he, as per settlement,Exhibit D-2, had agreed to vacate but failed to do so. During the pendency of these proceedings, plaintiff Bhadu Ram died and as such, his legal representatives (appellants herein) preferred an appeal before the first appellate Court which too came to be dismissed vide judgment and decree dated 7.8.2007. Hence, the present appeal. The contention of the plaintiff that his thumb-impressions were taken on blank paper by the police and those of his sons and brothers were also taken in the same manner, which were later on misused by the defendants, was negatived by the Courts below by holding that it was for him(plaintiff) to prove that the thumb-impressions of all the persons, as alleged, were obtained on blank papers. It was further held by the Courts below that the plaintiff could not prove by way of any evidence that as to what was the need for the police to obtain/misuse the said papers to help the Gram Panchayat. Nothing has been shown that the findings of fact so recorded by the Courts below suffer from any infirmity or are contrary to RSA No.1917 of 2008 -3- the record. No question of law, muchless substantial, arises in the present appeal. Consequently, the appeal being without any merit is hereby dismissed in limine. April 2, 2009 ( ARVIND KUMAR ) JS JUDGE