RSA No.2559 of 2008(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2559 of 2008(O&M) Date of decision: 29.4.2009 Ram Sarup and others ......Appellants Versus Sohan Lal and others ......Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. P.S. Jammu, Advocate for the appellants. Mr. S.K. Jain, Advocate for the respondents. * * * Rakesh Kumar Garg, J. CM No.7502-C of 2008 For the reasons recorded in the application, delay of 26 days in refiling the appeal is condoned. CM stands disposed of. CM No.7503-C of 2008 CM is allowed subject to all just exceptions. CM No.7501-C of 2008 CM is allowed subject to all just exceptions. Annexure A-1 is taken on record. RSA No.2559 of 2008(O&M) This is plaintiffs' second appeal against the judgment and decrees of the Courts below whereby their suit for declaration to the effect that the plaintiffs are entitled to use the path as described in the plaint and for grant of permanent injunction restraining the defendants from interfering into the enjoyment of path by the plaintiffs, was dismissed. RSA No.2559 of 2008(O&M) 2 The plaintiffs averred in their suit that they had purchased land measuring 16 kanals comprised in Sq. No.194 killa No.17/22 in village Jhorarnali, Tehsil and District Sirsa from Mangtu Ram etc. vide registered Sale deed No.1223 dated 23.5.1998 for a consideration of Rs.20,000/-. It was also averred that the respondents were in possession of 8 kanals 0 marla land being Sq.No. 194 Killa No.12 as per jamabandi for the year 1998-99 but the plaintiffs were using the path of two karams in width and 10 karams in length comprised on the southern line of this killa number which adjoins the fields of the plaintiffs to the main path and therefore, the revenue record showing the path owned and possessed by the defendants is against law and facts and is liable to be corrected in favour of the plaintiffs. The suit was contested by the defendant-respondents denying the existence of any path as alleged by the appellants. It was averred that no such path was left in the consolidation proceedings in the land of the defendants nor the same was shown in the revenue record. The whole of the area of this killa number has been shown under cultivation. The plaintiffs are having their path from other land and the suit property belongs to the defendants being their ancestral property. When the case came up for motion hearing on 9.12.2008, after hearing learned counsel for the appellants, it was found that the Courts below have recorded a concurrent finding that there exists no path as alleged by the appellants which is essentially a finding of fact. However, on the contention of the learned counsel for the appellants that since the land of the appellants was locked from all sides and they had no other rasta to reach their fields and the appellants were ready to purchase the land in dispute at the market price, notice of motion on this limited question was issued. The respondents have put in appearance and have contested the RSA No.2559 of 2008(O&M) 3 contention raised by the learned counsel for the appellants and have stated that there exists another path to the land of the appellants and in any case, if he has no other path, he may seek his remedy elsewhere under the revenue law. In view of the aforesaid, I find no merit in this appeal. No substantial question of law arises. Dismissed. April 29, 2009 (RAKESH KUMAR GARG) ps JUDGE