CSA- 267/08 -Khuma Ram & Ors. Vs. Bhanwar Lal Judgment dt.30.3.09 1/2 S.B. CIVIL SECOND APPEAL NO.267/2008 Khuma Ram & Ors. Vs. Bhanwar Lal Date of order : 30th March, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Ramit Mehta for the appellant. Mr. N.R. Choudhary for the respondents. ----- 1. Heard learned counsels. 2. This second appeal is directed against the concurrent finding of two courts below whereby the courts below have not accepted the adverse possession of the defendant appellant over the strip of land measuring 20' x 70' allotted by the Gram Panchayat, Gangani in favour of the plaintiff by the patta Exhibit 2A on 15.7.1963. A perusal of the said map shows that the total land of 12547 sq. ft. was allotted to the plaintiffs which includes the said strip of land by way of a way towards eastern side along with plot measuring 118' x 127' x 86' x 96' = 11147 sq. ft. and 20' x 70' measuring 1400 sq. ft. Both the courts below have found that when the defendants started construction on the said portion of 20'x70', the plaintiffs not only filed the present suit but also initiated criminal proceedings by filing FIR against the defendants. Thus, the courts below have found that so far as the adverse possession on this suit land of 20'x70' was not proved by the defendant and the issue No.4 was decided against the defendant by both the courts below. CSA- 267/08 -Khuma Ram & Ors. Vs. Bhanwar Lal Judgment dt.30.3.09 2/2 3. Having heard learned counsels, this Court finds no substantial question of law to be arising in the present second appeal for determination by this Court. 4. The present second appeal is found to be devoid of merit. The same is accordingly dismissed. No order as to costs. [ DR. VINEET KOTHARI ], J. itemNo.43 babulal