RSA No.1861 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 1861 of 2006 Date of Decision:20. 10. 2008 Palwinder Singh ...... Appellant Versus Jaswinder Singh and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari 1. Whether Reporters of local papers 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? Present: Mr.Naresh Parbhakar, Advocate for the appellant. Mr.Dinesh Goyal, Advocate for the respondents. **** Ajay Tewari, J. This appeal has been filed against the concurrent findings of the Courts below holding that the respondent was a lessee of the disputed property and that the Punjab Wakf Board had wrongly let out the disputed property in favour of the appellant during the subsistence of the lease in favour of respondent No.1. As far as findings of facts are concerned the same are not so patently perverse which can be gone into in Regular Second Appeal. Learned counsel for the appellant then urged that the appellant was in established possession before filing of the suit and hence suit for mandatory RSA No.1861 of 2006 2 injunction would not survive. He has relied upon a report of the local commissioner (Ex.P3). Even as per this report the local commissioner has found that when he visited the site the boundary wall was under construction. In my opinion the fact that the boundary wall was under construction would itself prove that the appellant was not in established possession as is being sought to be urged. In this view of the matter the questions proposed do not arise in the present appeal and the same is dismissed. (AJAY TEWARI) JUDGE October 20, 2008 sunita