R.S.A No. 118 of 2008 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 118 of 2008 Date of decision : October 16, 2008 Kabul Singh ...... Appellant through Mr.Subhash Kaushik, Advocate v. Lala Singh and another, ...... Respondents through Mr.Lokesh Sinhal, Advocate CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J This appeal has been filed against the concurrent findings of the Courts below. The plaintiff/respondent No.1 filed a suit against respondent No.2 for declaration and possession (later on converted into a suit for specific performance) on the allegation that after entering into an agreement to sell with him, the said respondent sold the suit land to the appellant. The appellant relied upon an earlier agreement to sell to justify the sale in his favour. Both the Courts below have found as a fact that the said earlier agreement to sell was ante dated. It is noticeable that the appellant has not taken the plea of being a bona fide purchaser without notice of the agreement to sell in favour of respondent No.1. In view of this finding of R.S.A No. 118 of 2008 ::2:: fact, the questions of law proposed in this appeal do not arise for adjudication by this Court. Consequently, the appeal is dismissed with no order as to costs. ( AJAY TEWARI ) October 16 , 2008. JUDGE `kk'