IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 1943 of 2009 (O&M) Date of Decision:- 27.07.2011 Dinesh Kumar .....Appellant Versus Ravi Shankar and others .....Respondents Present:- Mr. Kulwant Singh, Advocate for Mr. Ashish Aggarwal, Advocate for the appellant. **** SATISH KUMAR MITTAL, J (Oral) This is plaintiff's regular second appeal filed against the judgment and decree passed by both the Courts below whereby the suit of the plaintiff for partition with consequential relief of permanent injunction has been dismissed. In the suit, the plaintiff was claiming a share in the house of his father claiming that the said property is ancestral property in the hands of his father. The Trial Court on the basis of evidence led by the parties has come to the conclusion that the disputed house was not the ancestral property in the hands of the father of the plaintiff which was inherited by his father from his father Jhangi Ram by way of natural succession, thus the same was individual property in his hand. This finding has been upheld by the First Appellate Court. Learned counsel for the appellant very fairly stated that in view of judgment in Commissioner of Wealth Tax, Kanpur etc Vs. Chander Sen etc, 1986 AIR (SC) 1753, the trial Court have rightly taken the aforesaid view that disputed house was individual property in the hand of the father of the plaintiff and not ancestral, because the said property in the hand of Jhangi Ram was self acquired. In view of this factual and legal position there is no merit in this appeal and no substantial question of law arises in this appeal, and the same is hereby dismissed. ( SATISH KUMAR MITTAL) July 27, 2011 JUDGE reema