S.B. CIVIL SECOND APPEAL NO.502/2006 Pukhdas Vs. Bagda & Ors. Date of order : 06th August, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. T.C. Sharma for Mr. Vijay Purohit for the appellant. --------- 1. Heard learned counsel. 2. This second appeal arises out of order of the appellate court dated 21.12.2005 whereby affirming the decision of the learned trial court concurrently both the courts have rejected the suit for injunction filed by the plaintiff-appellant seeking injunction against the defendant that they may not encroach upon land by 20' x 20' of which the plaintiff claimed only possessary title. 3. Both the courts below have found that there was no documentary evidence with the plaintiff for showing his title to the said land and merely on the basis of oral evidence of plaintiff himself and two witnesses the posssessary title of the plaintiff could not be believed. Since both the courts below have weighed the evidence which came before them and have come to the conclusion that the plaintiffs failed to prove their case and there was no justification for grant of any injunction in the matter. 4. In the opinion of this Court, no substantial question of law arises so as to require interference under Section 100 C.P.C. in this second appeal. 5. The second appeal is found to be devoid of merit. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.10 babulal/-