R.S.A. No. 2346 of 2008 [Page numbers] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 2346 of 2008 Date of decision: 20.10.2008 Ram Singh and others ..Appellants v. Charan Kaur and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. K.S. Rekhi, Advocate for the appellants. .. Rajesh Bindal J. The plaintiffs are in appeal against the concurrent finding of fact recorded by both the Courts below, whereby the suit filed by them for specific performance and for confirmation of possession of the plaintiffs over the suit land was dismissed. Briefly, the facts are that the appellants-plaintiffs filed a suit claiming specific performance of agreement to sell, which was allegedly executed orally between the predecessors-in-interest of the plaintiffs, namely, Jagir Singh as vendee and Banta Singh, Ajaib Singh and Bawa Singh as vendors. It was alleged that the agreement to sell was executed in the year 1965 for an area of 3 kanals and 6 marlas for which the entire consideration money of Rs. 1,600/- was paid in cash and the predecessors-in-interest of the appellants-plaintiffs were put in possession. However, when the sale deed was not executed, the matter was taken up in the Panchayat where the dispute was settled and a compromise was effected on 17.12.2000. It was thereafter that the present suit was filed on 30.4.2001. Both the courts below did not find any merit in the submissions made by the appellants- plaintiffs and dismissed the suit. Learned counsel for the appellants submitted that the appellants had been put in possession of the property after the execution of oral agreement to sell way back in 1965. Having paid total sale consideration of Rs. 1,600/- for the land in question, they were entitled to get the property in question transferred in their favour and were entitled to protect the possession thereof. He further submitted that the issue was settled between the parties when the matter was taken up in the Panchayat, by way of compromise dated 17.12.2000 and in terms thereof, L.Rs. of R.S.A. No. 2346 of 2008 [Page numbers] one of the vendees, namely, Ajaib Singh executed the sale deed of 1/3rd of the property. The claim was only for the execution of sale deed with regard to other 2/3rd share belonging to other two vendees. As the predecessors-in-interest of the appellants-plaintiffs had already been put in possession of the property, that clearly establishes that certain right had been created in them and it was only on account thereof they were in possession. After hearing learned counsel for the appellants, I do not find any merit in the present appeal. No material has been brought on record to prove the alleged oral execution of the sale deed way back in 1965 and also the payment of Rs. 1,600/- as was allegedly paid as consideration thereof. As to what prevented the predecessors-in-interest of the appellants, namely, Jagir Singh with whom allegedly the agreement to sell was executed by the vendees way back in 1965 from getting the sale deed executed during his life time. The suit came to be filed on 30.4.2001, whereas Jagir Singh expired in the year 1984. Even after his death, it took 16 years to his L.Rs. to take up the issue in Panchayat. Even in the alleged compromise effected in the Panchayat, there is no description of the property mentioned. That in any way will not confer any right on the appellants-plaintiffs to the property in the absence of any document creating a right in their favour. The findings recorded by the courts below are plain and simple findings of fact giving rise to no question of law, much less a substantial question of law. Accordingly, the present appeal is dismissed. (Rajesh Bindal) Judge 20.10.2008 mk