IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2695 of 2010 (O&M) Date of decision: 26.7.2010 Jasbir Singh & others ......Appellant(s) Versus Amrik Masih & another ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Rajinder Sharma, Advocate for the appellants. Rakesh Kumar Garg, J. (Oral) CM No.8145-C of 2010 Application is allowed as prayed. Delay, if any, in making up the deficiency in court fee, is condoned. CM No.8146-C of 2010 For the reasons mentioned in the application, delay of 9 days in refiling this appeal is condoned. CM stands disposed of. RSA No.2695 of 2010 This is plaintiffs' second appeal challenging the judgment and decrees of the Courts below whereby their suit for permanent injunction restraining the defendants from interfering into the possession of the plaintiffs, has been dismissed. Both the Courts below on appreciation of evidence have recorded a finding of fact that the appellants are not in possession of the suit property and therefore, the suit for permanent injunction was not maintainable. Moreover, a finding has been recorded that the plaintiff- appellants have also suppressed material facts from the knowledge of the Court. The question of possession is a question of fact. On the basis of RSA No.2695 of 2010 (O&M) -2- the evidence on record, it cannot be argued that the findings recorded by the Courts below are perverse. Leaving apart the aforesaid finding of fact which could not be successfully challenged, it may also be mentioned here that it is not in dispute that the suit land belongs to the State and was allotted to the respondents. In fact, they are not claiming injunction over the suit property on the basis of any title but only on the basis of their alleged long possession through their forefathers. Thus, at best, they being in unauthorized possession are seeking injunction against the true owners which is not permissible. Thus, I find no merit in this appeal. No substantial question of law arises. Dismissed. July 26, 2010 (RAKESH KUMAR GARG) ps JUDGE