Regular Second Appeal No. 3115 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 3115 of 2008 Date of Decision: 31.1.2009 *** Ramesh Kumar .. Appellant VS. Laxmi Rani .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. N.S. Shekhawat, Advocate for the appellant. *** ARVIND KUMAR, J. The appellant was arrayed as defendant No.1 in the suit for mandatory and permanent injunction filed by the plaintiff-respondent No.1. He is impugning the judgments and decrees dated 26.11.2007 and 7.5.2008 passed by the learned trial court as well as learned first appellate court below whereby he has been directed to remove the illegal encroachment. I have heard learned counsel for the appellant and have gone through the paper-book carefully. A perusal of the impugned judgments reveals that in an earlier round of litigation, the appellant, in his pleadings, did not mention anything about the latrine as part of his house. Both the Courts below, on the strength of evidence produced by the plaintiff, concurrently held that the Chabutra in question, over which the appellant raised illegal construction by erecting a latrine, that too in front of the door of the house of the plaintiff-respondent, is a common property of the parties and the appellant has no right to make encroachment thereupon. In the facts and circumstances of the case, it cannot be said that the approach of the Courts below in ordering the appellant to remove the encroachment from the common property is either illegal or perverse. Nothing has been shown to take a contrary view than Regular Second Appeal No. 3115 of 2008 2 that of concurrent findings recorded by the Courts below. No substantial question of law, which is sine qua non for admission of appeal is made out. The appeal is wholly without merits and the same is accordingly dismissed in limine. (ARVIND KUMAR) JUDGE January 31,2009 Jiten