Regular Second Appeal No. 3258 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 3258 of 2007 Date of Decision: 3.3.2009 *** Jagdish Singh & Anr. .. Appellants VS. Chhinder Pal Kaur. .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. G.L. Bajaj, Advocate for the appellant. *** ARVIND KUMAR, J. This is defendants' appeal filed under Section 100 of the Code of Civil Procedure challenging the concurrent findings recorded by the Courts below to the effect that they have illegally encroached upon the land of the plaintiff and directed them to hand over the vacant possession thereof to the plaintiff. Having heard the learned counsel, I am of the considered view that no question of law warranting admission of appeal would arise. It has concurrently been held by the Courts below on the basis of evidence produced on record that the defendants have encroached upon the land of the plaintiff which was received by her father Jagir Singh in exchange from Joginder Singh and Kante vide writing dated 9.9.1981, which stands proved on record by her. Although the defendants claimed that they had purchased the suit land by way of writing dated 25.8.1990 from Bakhshish Singh son of Joginder Singh, but utterly failed to substantiate the same since he only produced the photo copy of the said document, which too was un-registered one. Thus, the Courts below rightly restrained the defendants permanently from raising any construction upon the portion mark DEF, belonging to the plaintiff and directed them to hand over its vacant possession by Regular Second Appeal No. 3258 of 2007 2 demolishing the construction raised thereupon. The findings are based on cogent evidence, oral as well as documentary, and it cannot be concluded that the findings are laconic or they lack the support of evidence. Therefore, the appeal does not deserve to be admitted being devoid of merit. Accordingly, the same is dismissed. (ARVIND KUMAR) JUDGE March 3,2009 Jiten