RSA No. 584 of 2009 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH RSA No. 584 of 2009 (O&M) Date of Decision : 4.2.2009 State of Haryana & others .......... Appellants Versus M/s Nav Bharat Textiles ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Madan Gupta, Sr. DAG, Haryana. **** VINOD K. SHARMA, J. (ORAL) This regular second appeal is directed against the judgment and decree dated 3.11.2008 passed by the learned lower appellate Court vide which suit filed by the plaintiff-respondent stands partly decreed. Plaintiff-respondent brought a suit for declaration and permanent injunction claiming that the appellant-defendants were not entitled to transfer fee or the bifurcation fee for transfer of the plot in favour of the plaintiff-respondent. The learned trial Court dismissed the suit. However, in appeal the learned lower appellate Court in view of the pleadings and evidence brought on record came to the conclusion that the appellants-defendant were entitled to transfer fee as the claim was in accordance with rules. However, the claim of the plaintiff-respondent qua non-payment of bifurcation fee was accepted in view of the fact that the plot was bifurcated and sold by one of RSA No. 584 of 2009 -2- the co-sharers to the vendee prior in time and at the time of said transfer the bifurcation fee was charged. The learned lower appellate Court also held that at present there was no bifurcation of plot, as the plot which stood bifurcated prior to sale to the respondent. Therefore, demand of bifurcation fee was set aside. The finding recorded by the learned lower appellate Court is based on appreciation of evidence brought on record. This appeal raises no substantial question of law for consideration by this Court. No merit. Dismissed. 4.2.2009 ( VINOD K. SHARMA ) 'sp' JUDGE