RSA No. 3592 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 3592 of 2008 (O&M) Date of Decision: July 23 , 2009 Smt. Veeran Bai and others ...... Appellants Versus Naresh Kumar ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari resent: Mr.N.D.Achint, Advocate for the appellants. Mr. C.B.Goel, Advocate with Mr. Nitin Jain,Advocate for the respondent. **** 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? Ajay Tewari, J. This appeal has been filed against the judgment of the learned lower Appellate Court reversing that of the trial Court and thereby dismissing the suit of the appellants for specific performance. The learned lower Appellate Court has dismissed the suit of the plaintiffs holding that they have not been able to prove due execution of the agreement of sale. The following questions have been raised:- (i) Whether the findings of the learned Appellate Court with regard to admission of purchasing stamp paper on the same day of its execution is perverse and liable to be reversed? RSA No. 3592 of 2008 2 (ii)Whether defendant-respondent was not ready and willing to perform his part of agreement and findings of the Appellate Court are liable to be reversed? (iii)Whether respondent-defendant could take additional plea of reducing of space in typing for the first time before the Appellate Court? (iv)Whether the suit of the plaintiff-appellant is liable to be decreed? All these are pure questions of fact. Learned counsel has taken me not only through the findings but also through the evidence but he has not been able to persuade me that the findings of the lower Appellate Court are either based on no evidence or are based on such a misreading of the evidence so as to render them perverse. Consequently this appeal is dismissed. No costs. Since the main case has been decided, all the pending CMs stand disposed of. (AJAY TEWARI) JUDGE July 23, 2009 sunita