IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RSA No.3008 of 2010(O&M) DATE OF DECISION: 10.12.2010 **** Dev Raj . . . . Appellant Vs. Devi Dayal and other . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.Tarunveer Vashist, Advocate for the appellant. **** RAKESH KUMAR JAIN J. (ORAL) CM Nos.14027 & 14028-C-2010 Applications are allowed as prayed for. Documents, Annexures A-1 to A-3, are taken on record. RSA No.3008 of 2010 This appeal is at the instance of the plaintiff against the judgment and decree of both the Courts below. In brief, plaintiff has fled suit for permanent injunction claiming himself to be in possession of Khasra No.25//8 (8-0) and has prayed that defendants be restrained from cutting 14 eucalyptus trees. The plaintiff has brought on record statement Ex.P-2 which is suffered by the defendant in earlier litigation between the parties wherein he has stated that he will not enter the land of the plaintiff bearing Khara No.25//8 (8-0) and will not cut and remove the trees. However, learned Court below have found that the trees in question are in Khasra No.25//3 which belongs to the defendants. Plaintiff has miserably failed to lead any cogent evidence but for examining two witnesses, who are closely related to him, to prove the fact that the trees are grown in the land owned by him. There is no substantial question of law involved in this appeal as it pertains to a finding of fact, therefore, I do not find any merit in the appeal and as such the same is hereby by dismissed. (RAKESH KUMAR JAIN) December 10, 2010 JUDGE Vivek