RSA No.3986 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.12123-C of 2009 & RSA No.3986 of 2009 Decided on : 05.11.2009 Ashok Kumar & another ... Appellants versus Darshan Singh & others ...Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Vikrampreet Arora, Advocate for the appellants. **** 1.Whether Reporters of local newspapers 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? AJAY TEWARI, J. (ORAL) This appeal has been filed against the concurrent judgments of the Courts below decreeing the suit of the respondent for mandatory injunction directing the appellant to hand over the possession of tractor “MARK HMT 4511 ZETOR”. The following questions have been proposed: i) Whether the judgment and decree passed by the Courts below is not illegal and liable to set aside? ii)Whether the non-appearance of co-owner Kuldeep Singh before the Courts below does not show that the appellant is the purchaser of Tractor for consideration? iii)Whether the courts below can decree the suit of RSA No.3986 of 2009 -2- mandatory injunction against the co-owner? The dispute in this case is whether the appellants forcibly took away the tractor from the respondents or whether the appellants purchased it. Both the Courts below concurrently held that the appellants were not able to prove that they had purchased the tractor. The proposed questions are pure questions of fact. Learned counsel for the appellants has not been able to persuade me that the findings recorded are either based on no evidence or are based on such misreading of evidence which renders them so perverse as to be liable for interference under Section 100 of CPC. Consequently, this appeal and application for stay are dismissed. November 05, 2009 (AJAY TEWARI) sonia JUDGE