IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. RSA No. 2605 of 2007 Date of decision:25.1.2011 Harnek Singh Petitioner vs. Gram Panchayat and others Respondent Present: Mr.Vishal Sharma, Advocate. Mr. Liaqat Ali, Advocate. M.M.S.BEDI,J. The suit of the plaintiff-appellant has been dismissed by the courts below. The plaintiff-appellant had sought permanent injunction against the respondent Gram Panchayat claiming to be in possession of the property being a Dera in the name of Balmik Swami Da Dera. The plaintiff claims that after the death of Garib Das 14/15 years ago, the plaintiff-appellant had been in possession of the rooms, constructed in the Dera. The plaintiff claimed to be the owner in possession of the property. The courts below have returned a finding of fact that the land in dispute is jumla malkan in possession of the Gram Panchat as per the jamabandis Ex.D2 to Ex.D 7 and khasra Girdawaries Ex.D 8 to Ex.D 10. Strong reliance has been placed by the plaintiff-appellant on the report of Naib Tehsildar dated 19.1.2001, which was procured during pendency of the suit to establish that the plaintiff is in possession of the property. Report dated 19.1.2001 has been obtained after filing of the suit on 4.10.2000 and the same has not been proved by producing the Naib Tehsildar in the witness box. The courts below have ignored the said report having been obtained during pendency of the suit and the Naib Tehsildar having not been examined. No ground is made out for interference. A concurrent finding of fact has been arrived at by the courts below to the effect that the plaintiff- appellant has neither been able to establish his ownership nor possession. Dismissed. January 25 ,2011 ( M.M.S.BEDI ) TSM JUDGE