-1- Regular Second Appeal No. 4084 of 2010 (O&M). IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Date of Decision: January 25, 2011. Regular Second Appeal No. 4084 of 2010 (O&M). Kartar Singh ... Appellant VERSUS State of Haryana and others ... Respondents CORAM : HON'BLE MR.JUSTICE MOHINDER PAL. 1. Whether Reporters of Local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? Present: Mr. R.S. Mamli, Advocate, for the appellant. -.- MOHINDER PAL, J. Kartar Singh (plaintiff-appellant) is in second appeal aggrieved against the judgments and decrees passed by the Courts below, whereby his suit for permanent injunction restraining the respondents-defendants from constructing a Veterinary Hospital in the suit land measuring 10 Kanals 8 Marlas I have heard Mr. R.S.Mamli, Advocate, appearing for -2- Regular Second Appeal No. 4084 of 2010 (O&M). the plaintiff-appellant and have perused the impugned judgments. Plaintiff-appellant Kartar Singh is the son of Smt.Kahni Devi (deceased). His claim is that he had inherited the suit land along with other legal heirs of Smt. Kahni Devi after her death. According to the plaintiff, the defendants, in collusion with each other, wanted to construct a Veterinary Hospital in the suit land. The case of the Gram Panchayat of Village Hijrawan Khurd is that Smt. Kahni Devi, about five years prior to her death, had exchanged 1-1/2 Kanals of land with Gram Panchayat in order to enable the Gram Panchayat to construct Veterinary Hospital. Thereafter, the legal heirs of Smt. Kahni Devi had constructed their houses and shops on the land which Smt. Kahni Devi had got in exchange from the Gram Panchayat. The Gram Panchayat has become owner of the suit land given by Smt.Kahni Devi to it (Gram Pancahyat) after getting land from the Gram Pancahyat in exchange. Smt. Kahni Devi had five sons, namely, Kartar Singh (plaintiff), Jagtar Singh, Bhagwan Singh, Arjun Singh and Gurdial Singh. Gurdial Singh and Arjun Singh have expired. Bhagwan Singh, Satnam Singh son of Gurdial Singh, Surjeet Singh son of Arjun Singh and Jagtar Singh had appeared in the witness box as D.W.1, D.W.2, D.W.3 and D.W.4 and categorically stated that Smt. Kahni Devi had exchanged 1-1/2 Kanals land with the Gram Pancahyat and the land in dispute was given to the Panchayat by Smt.Kahni Devi in exchange. Both the Courts below -3- Regular Second Appeal No. 4084 of 2010 (O&M). have held that the factum of exchange is established as per the statements of D.W.1 to D.W.4 although the same is not reflected in the revenue record. Bhagwan Singh (D.W.1) and Jagtar Singh (D.W.4) are the real brothers of Plaintiff Kartar Singh whereas Satnam Singh (D.W.3) and Surjeet Singh (D.W.4) are the nephews of plaintiff Kartar Singh. They all stated in one voice that the suit land had been given to the Panchayat by Smt. Kahni Devi in exchange. They had no ill will or grudge against the plaintiff. The plaintiff along with his brothers and sons of his deceased brothers had constructed houses / shops on the land received by them in inheritance from Smt.Kahni Devi, who had got the same in exchange from the Gram Panchayat. The Veterinary Hospital was constructed on the disputed land by the Panchayat in the year 1980. No fault, therefore, can be found with the findings arrived at by both the Courts below. Under the circumstances, I do not find any patent illegality or irregularity in the findings recorded by the Courts below, which may give rise to any substantial question of law in the present appeal. Resultantly, this appeal is hereby dismissed being without any merit. ( MOHINDER PAL ) January 25, 2011. JUDGE ak