IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Review Application No. 51-C of 2010 in Regular Second Appeal no. 2937 of 2004 Date of decision : August 13, 2010 Sher Singh ...Non-applicant/appellant versus Balbir Singh and others ....Applicants/respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. ID Singla, Advocate for the applicants-respondents L.N. Mittal, J. (Oral) Respondents have filed this review application for review of judgment dated 3.5.2010 whereby regular second appeal preferred by non- applicant/appellant Sher Singh was allowed. I have heard learned counsel for the applicants/respondents and perused the case file. Learned counsel for the applicants/respondents contended that the parties are descendants of common ancestor Sheo Chand who had partitioned the suit property amongst his two sons Mansa Ram and Gopal Singh by making pucca wall and therefore, there was no question of encroachment by respondents over the portion of the land of the appellant. The contention is completely devoid of merit. There is concurrent finding of fact by both the courts below regarding encroachment made by respondents on the land of the appellant. The respondents did not Review Application No. 51-C of 2010 in Regular Second Appeal no. 2937 of 2004 -2- challenge the said finding by filing any second appeal. Consequently, the contention that there was no encroachment by respondents on the land of the appellant taken in the review application cannot be accepted as finding of the courts below regarding the encroachment attained finality as the same was not challenged by either party. On the contrary, the appellant filed second appeal challenging the direction of the lower appellate court regarding payment of price of the encroached land by defendants to the plaintiff. The said direction was found to be untenable by this Court. Accordingly, the appeal was allowed vide judgment dated 3.5.2010. No ground for review of the said judgment is made out. The instant review application is totally devoid of merit and is accordingly dismissed. ( L.N. Mittal ) August 13, 2010 Judge 'dalbir'