IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.4031 of 2009 (O&M) Date of Decision: 23 rd May, 2011 Mohinder Singh ….Appellant Versus The Secretary, Department of Forest, Punjab & others ….Respondents CORAM :- HON’BLE MR. JUSTICE L. N. MITTAL PRESENT: Mr. Parveen Kumar , Advocate for the appellant. * * * * * L. N. Mittal, J. (Oral) CM No.4841-C of 2011 For reasons mentioned in the application, which is accompanied by affidavit of the counsel, application is allowed and applicant-appellant is permitted to withdraw ground No.13 from the grounds of appeal, subject to all just exceptions. CM No.122780-C of 2009 For reasons mentioned in the application, which is accompanied by affidavit, delay of 14 days in filing the appeal is condoned. Main Appeal RSA No.4031 of 2009 (O&M) Mohinder Singh-plaintiff having been failed in the courts below has come up by way of instant second appeal. Plaintiff sought to purchase the suit land from the defendants (Department of Forest, State of Punjab) in view of notification dated 30.07.1985 alleging that plaintiff is in possession of the suit land for the last 40 years and is entitled to purchase the suit land on reserve price in terms of the aforesaid notification. Defendants resisted the suit of the plaintiff and controvered the plaint averments. It was denied that plaintiff was in possession of the suit land for the last 40 years. It was stated that State of Punjab purchased the suit land from Government of India (Ministry of Rehabilitation) in October, 1961 and since then Provincial Government is owner in possession of the suit land. It was never ordered to be allotted to Harijans including plaintiff nor it was taken back from them. Forest department is owner in possession of the suit land. Various other pleas were also raised. Learned Civil Judge (Junior Division), Hoshiarpur vide judgment and decree dated 12.11.2005, dismissed the plaintiff’s suit. First appeal preferred by plaintiff has been dismissed by learned Additional District Judge, Hoshiarpur vide judgment and decree dated 28.05.2009. Feeling aggrieved, plaintiff has preferred the instant second appeal. -2- RSA No.4031 of 2009 (O&M) I have heard learned counsel for the appellant and perused the case file. It has come in the evidence that Forest Department of State of Punjab purchased the suit land in the year 1961 from the Government of India. Thereafter, vide notification dated 27.01.1970, the suit land was declared protected forest. Consequently, the suit land cannot be transferred to the plaintiff nor notification dated 30.07.1985 is attracted to the facts of the case. Forest department is also in possession of the suit land. Plaintiff’s possession over the suit land for 40 years before filing of the suit is also not proved. There is concurrent finding recorded by the courts below to non-suit the plaintiff. The said finding is based on proper appreciation of evidence and is not shown to be perverse or illegal nor it is based on misreading or misappreciation of evidence. Consequently, the said finding does not warrant interference in exercise of second appellate jurisdiction. This appeal does not raise any question of law, much less substantial question of law, for determination. The appeal is meritless and is accordingly dismissed in limine. (L. N. MITTAL) JUDGE 23rd May, 2011 ‘raj’ -3-