R.S.A. No. 888 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 888 of 2009 (O&M) Date of Decision : 26.2.2009 Divisional Forest Officer and others ....Appellants Versus Kehar Singh ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. O.P.Sharma, Additional Advocate General, Haryana for the appellants. ..... MAHESH GROVER, J. This appeal by the defendants is directed against the judgments of the learned trial Court dated 1.6.2007 and the first Appellate Court dated 22.5.2008. The respondent filed a suit seeking to injunct the appellants from cutting and removing the trees standing on the suit land which belonged to him. The appellants, who were defendants in the suit, pleaded that the land belonged to the Government and accordingly they had planted the trees and hence they have got every right to cut and remove them. Both the courts below came to the conclusion on the basis of material before them that the land belonged to the plaintiff/respondent and there was no material on record from which it R.S.A. No. 888 of 2009 (O&M) -2- could be inferred that the land belonged to the Government. Accordingly, a conclusion was arrived at that the plaintiff/respondent being owner of the land was also entitled to harvest the trees since they were planted on his land. Learned counsel for the appellants contended that the findings recorded by the Courts below are erroneous and that the appellants, who had planted the trees, were very well within their right to cut and remove them. After hearing the learned counsel for the appellants, I am of the opinion that a pure finding of fact has been arrived at by the Courts below that the land belonged to the respondent and that the trees being planted on his land, he was very well within his right to harvest the same. No question of law is shown to have arisen in the present appeal. That apart, the appeal is barred by an inordinate delay of 181 days which has not been explained satisfactorily. Consequently, the appeal being devoid of any merit is dismissed. 26.2.2009 (MAHESH GROVER) JUDGE dss