R.S.A.No. 2230 of 2009(O&M) 1 In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 2230 of 2009(O&M) Date of decision: 17.2.2011 Gian Chand ......Appellant Versus Satpal and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.R.M.Singh, Advocate, for the appellant. Mr. Arvind Singh, Advocate for respondent No.1. **** SABINA, J. The plaintiff had filed a suit for possession by way of ejectment of defendant No.1 from the suit property. The case of the plaintiff, in brief, was that the plaintiff and defendants No.2 to 16 were owners of the suit property. Earlier defendant No.1 had tried to interfere in the possession of the plaintiff and raise construction over the suit land and a suit for permanent injunction was filed by the plaintiff. During the pendency of the said suit, defendant No.1 encroached upon 3 marlas of suit land. The said suit filed by the plaintiff was dismissed. Plaintiff moved an R.S.A.No. 2230 of 2009(O&M) 2 application before Assistant Collector IInd Grade, Naraingarh for getting the suit property demarcated and vide report dated 13.6.2002, it was observed that defendant No.1 had encroached upon 3 marlas of land out of the suit property. Defendant No.1, in his written statement, averred that he had not encroached upon any portion of the suit property. The entire land of the plaintiff fell within Abadi area. The defendant was in possession of his own property. Defendants No.2 to 16 were proceeded ex parte as they had failed to appear despite service. On the pleadings of the parties, following issues were framed by the trial Court:- “1. Whether plaintiff is entitled to recover possession from defendant No.1 of land measuring 3 marlas of khasra No.145 situated in village shahzadpur? OPP. 2.Whether suit of the plaintiff is not maintainable in the present form ? OPD 3. Whether plaintiff has no locus standi to file the present suit ? OPD 4. Whether the plaintiff is estopped from filing the present suit by his own act and conduct ? OPD 5. Whether suit of the plaintiff is bad for non-joinder and mis-joinder for necessary parties ? OPD 6. Relief.” The trial Court dismissed the suit of the plaintiff vide judgment and decree dated 31.8.2006. Appeal filed by the plaintiff was also dismissed vide judgment and decree dated 16.4.2008 R.S.A.No. 2230 of 2009(O&M) 3 passed by Additional District Judge, Ambala. Hence, the present appeal by the plaintiff. During the pendency of the appeal vide order dated 17.9.2010, Tehsildar Naraingarh was appointed as a Local Commissioner and was directed to take measurement of property in dispute in accordance with law and submit his report. As per the report submitted by the Tehsildar Naraingarh dated 30.11.2006, the property could not be marked as no pucca point was in existence to help the demarcation. Vide order dated 21.12.2010, it was ordered by this Court that the case be heard on merits. After hearing learned counsel for the parties, I am of the opinion that the present appeal is devoid of any merit and deserves dismissal. In the present case, the plaintiff had filed the suit for possession alleging that 3 marlas of land belonging to him had been encroached upon by defendant No.1. In order to substantiate his plea, plaintiff examined PW-3 Narata Ram, who had prepared the demarcation report. The said demarcation report was rejected by the Courts below as the suit property had been demarcated without fixing the three pucca points and the demarcation had been carried out from the boundary wall by treating it as a pucca point. In these circumstances, the report submitted by PW-3 was liable to be rejected. There is no other evidence on record to establish that defendant No.1 has made encroachment as alleged by the plaintiff. Earlier also the plaintiff had filed a suit for permanent injunction against defendant No.1 and his son and the same was dismissed by the Civil Court. R.S.A.No. 2230 of 2009(O&M) 4 No substantial question of law arises in this regular second appeal, which would warrant interference by this Court. Accordingly, the same is dismissed. (SABINA) JUDGE February 17, 2011 anita