IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** R.S.A. No.3336 of 2009 (O&M) Date of Decision:22.11.2010 Gurmail Singh .....Appellant Vs. Mandeep Singh and others .....Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present:- Mr. Sanjay Verma, Advocate for the appellant. **** RAKESH KUMAR GARG, J. This is plaintiff's second appeal challenging the judgments and decrees of the Courts below whereby his suit for permanent injunction was dismissed and counter claim filed by the defendants- respondents was accepted and the appellant was restrained from interfering in the possession of the defendants over the suit property and from obstructing them while raising construction over the suit land. Both the Courts below on appreciation of evidence have recorded a concurrent finding that the plaintiff- appellant in the suit, as well as in his cross-examination had, himself, admitted that the property had already been partitioned between the parties and that in the western side of the house of the appellant, there exists the houses of defendants- respondents and the property towards western side of his house (disputed land) is used as a Sehan by defendants. In view of the aforesaid admission on the part of the appellant, R.S.A. No.3336 of 2009 (O&M) -2- no fault can be found with the findings of the Courts below that defendants have been found to be in exclusive possession over their share of the property including the suit land and injunction can be granted against the plaintiff- appellant restraining him from obstructing the defendants- respondents to enjoy their exclusive possession over the suit land. In view of the aforesaid, I find no merit in this appeal. No substantial question of law arises in this appeal. Dismissed. November 22, 2010 ( RAKESH KUMAR GARG ) renu JUDGE