R.S.A. No. 1040 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 1040 of 2008 (O&M) Date of decision: 8.12.2008 Ved Parkash (deceased) through LRs ..Appellant v. Harbans Singh and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. R. L. Sharma, Advocate for the appellant. .. Rajesh Bindal J. Defendant No.1 is in appeal before this Court against concurrent finding of fact by both the courts below, whereby the suit filed by plaintiff- respondent No.1 for permanent injunction was decreed. Briefly, the facts are that respondent No.1- plaintiff filed a suit seeking protection of his possession unless in due course of law. It was claimed that he was in cultivating possession of the suit land as gair marusi tenant for the last about 25 years. Jamna Devi was the owner of the suit property. During her life time, Jamna Devi admitting the rights of respondent No.1- plaintiff as gair marusi tenant, had been receiving Batai. After the death of Jamna Devi, the property in dispute devolved on Kedar Nath son of Babu Ram. Even Kedar Nath also admitted the right of respondent No.1- plaintiff as gair marusi tenant. Thereafter, in the suit filed by defendants No.2 to 7 against respondent No.8, the property was transferred in their names. Respondent No.1- plaintiff paid rent to Kedar Nath upto 1998. However, under the garb of mutation No. 2060 in the name of appellant- defendant No.1, respondent No.1-plaintiff was sought to be dispossessed forcibly. In the written statement filed by respondents-defendants No.2 to 7 admitted the claim of respondent No.1- plaintiff regarding his status as gair marusi tenant since the time of Jamna Devi. It was denied that they were threatening to dispossess him forcibly. However, appellant-defendant No.1 denied the case built up by respondent No.1-plaintiff in toto. Considering the material placed on record by the parties, the learned trial court decreed the suit of respondent No.1- plaintiff granting him permanent injunction, thereby restraining the appellant and respondents No.2 to 8 from R.S.A. No. 1040 of 2008 [2] dispossessing him forcibly otherwise than in due course of law from the suit land. The judgment and decree of the trial court was upheld by the learned lower appellate court. Learned counsel for appellant-defendant No.1 submitted that the judgment and decree of the courts below is liable to be set aside being perverse as from the material placed on record, respondent No.1-plaintiff had not been able to prove that he was in possession of the property in dispute as gair marusi tenant. He submitted that he was never inducted as a tenant and after passing of the decree in his favour, when the property was transferred from Jamna Devi, he is in possession thereof. However, the contentions raised are totally misconceived if the concurrent finding of fact, which have been recorded by both the courts on appreciation of ample evidence produced on record by respondent No.1- plaintiff, is considered. Respondent No.1- plaintiff, in the present case, produced records in the form of jamabandis since 1987-98 showing him to be in possession of the property and also receipts for payment of rent. The possession of respondent No.1- plaintiff on the property in dispute is established since 1981. It is not disputed that ownership of the property was transferred in the name of appellant-defendant No.1 only in the year 1993 after the passing of decree in his favour. Even thereafter, when change in the ownership in the revenue record was recorded, the possession of respondent No.1- plaintiff was shown. When the possession of respondent No.1- plaintiff is established on the property since 1981, no illegality was committed by the learned courts below in decreeing the suit only to the extent that he can be dispossessed only in due course of law. The findings recorded by the courts below are plain and simple findings of fact giving rise to no question of law, much less a substantial question of law. Accordingly, the appeal is dismissed. (Rajesh Bindal) Judge 8.12.2008 mk