RSA No.4455 of 2009 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARAYANA AT CHANDIGARH RSA No.4455 of 2009(O&M) Date of Decision: July 22, 2010 Smt. Amarbai and others ….Appellants Versus Municipal Council, Bhiwani ….Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. Jagjeet Beniwal, Advocate for the appellants. RAKESH KUMAR GARG, J. C.M. No. 13349 of 2009 For the reasons mentioned in the application, the delay of seven days in re-filing the appeal is condoned. C.M. stands disposed of RSA No.4455 of 2009 This is plaintiffs’ regular second appeal challenging the judgment and decree of the Courts below, whereby their suit for injunction restraining the defendant-respondent from interfering in the suit land was dismissed. As per the facts averred in the plaint the appellants were the owner in possession of the suit land on the basis of registered sale deed dated 31.07.2002, which was executed in their favour by Rajesh and Dinesh sons of Sh. Bhim Sain, who were shown as ‘gair murasi tenant’ in the revenue records. It was further alleged that defendants were having no concern with - RSA No.4455 of 2009 the suit land and they want to interfere in the possession of the appellants forcibly and illegally. Hence, the present appeal. The suit was contested by the defendants by filing written statement and raising various preliminary objections. On merits it was alleged that the suit land was owned by the defendant-respondents and the sale deed in question, relied upon by the appellants, was illegal as the vendors were not having any right or title and, thus, the aforesaid land which forms part of abadi deh was being used for common purposes. Dismissal of the suit was prayed for. No replication was filed by the appellant. After hearing the learned counsel for the parties and perusing the evidence on record both the Courts below recorded a finding of fact that the vendors of the appellants were not having any right or title in the suit property and therefore, the appellants cannot claim any right on the basis of the sale deed executed in their favour. Still not satisfied, plaintiffs have filed the instant appeal challenging the aforesaid judgments and decrees of the Courts below. I have heard the learned counsel for the appellants and perused the impugned judgments and decrees. The appellants are claiming their right over the suit property only on the basis of sale deed dated 31.07.2002, executed in their favour by Rajesh and Ashok who are shown as Gair marusi tenants in the revenue record pertaining to the land in dispute. No other evidence has been produced by the appellants in support of their case. From the documentary evidence available on record, the land in dispute is found to be abadi deh and being used for common purposes, the ownership of which vests in respondent. Since, the appellants failed to prove the valid title of their - RSA No.4455 of 2009 vendors in the suit property, no fault can be found in the impugned judgment and decrees. No substantial question of law arises. No merit. Dismissed. 22.07.2010 (RAKESH KUMAR GARG) vcgarg JUDGE -