IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 2305 of 2008 Date of Decision: 17.11. 2008 Gian Chand ...... Appellant Versus Haryana Urban Development Authority ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari 1.Whhether Reporters of local papers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? Present: Mr.Ranjit Saini, Advocate for the appellant. **** Ajay Tewari, J. This is an appeal against the judgment of the learned lower Appellate Court dismissing the suit of the plaintiff for mandatory injunction calling upon the respondents to restore the house demolished by them. Learned lower Appellate Court found that the appellant has not been proved to be the owner of the plot in dispute. Learned lower Appellate Court further held against the appellant on the ground that he did not take any steps for a period of two years after the demolition of the property and that this inaction for two years though not attracting the bar of limitation clearly revealed that the present litigation was an after thought and also found that the land had been acquired and that the owner not having lodged this suit, it would be taken that he was not opposing the acquisition. Learned lower Appellate Court also found that except for the bald statement of the appellant there was no other evidence to prove that he was running a Jalebi shop or that he had inducted tenants on the first floor. These are all RSA No. 2305 of 2008 -2- questions of fact and learned counsel has not been able to persuade me that these findings are either perverse or cannot be held to arise from the material on the record. It was further held that the mere fact of electricity connection or payment of house tax by the appellant could not be considered to be documents of title. There can be no dispute on this finding of law. In this view of the matter the questions of law proposed in this appeal do not arise and I dismiss the same. No costs. (AJAY TEWARI) JUDGE November 17, 2008 sunita