IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.2191 of 2006 (O&M) Date of Decision : 25.2.2010 Bansi ....Appellant Versus Sugriv ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Sanjay Mittal, Advocate for the appellant. Mr.J.P.Sharma, Advocate for the respondent. ..... MAHESH GROVER, J. C.M.No.5374-C of 2006 Allowed as prayed for. C.M.No.5375-C of 2006 in/and R.S.A.No.2191 of 2006 The plaintiff is in regular second appeal questioning the judgments of the learned trial court dated 14.12.2004 and that of the first Appellate Court dated 27.3.2006. The plaintiff/appellant had filed a suit claiming himself to be in possession of the suit property i.e. part of Ahata No.45 Ghar No.77 and Ahata No.35 Ghar No.43, situated in the Abadi of village Bhojawas (Mahendergarh). He pleaded that earlier his predecessor-in-interest namely Hukmi was in possession of the property and after his death he came into R.S.A.No.2191 of 2006 (O&M) -2- possession. The respondent contested the suit and denied the possession of the appellant and pleaded that he was in possession of the suit property. Both the courts as a matter of fact found that the appellant could not establish that Hukmi was his grandfather and it affirmed the possession of the respondent. Learned counsel for the appellant states that the findings recorded by the courts below are perverse and liable to be set aside. After hearing the learned counsel for the parties, I am of the opinion that purely a question of fact regarding the factum of possession has been determined in favour of the respondent. The appellant has been unable to show from any material on record that he was in possession of the suit property and that earlier his predecessor- in-interest was in possession of the same. Having regard to the aforesaid and in view of the fact that no substantial question of law arises for the consideration of this Court, I am of the opinion that the present appeal is totally without any merit and the same is hereby dismissed. Consequently, the stay application is also dismissed. 25.2.2010 (MAHESH GROVER) JUDGE dss