Regular Second Appeal No. 3107 of 2011 (O&M) 1 In the High Court of Punjab and Haryana, at Chandigarh Regular Second Appeal No. 3107 of 2011 (O&M) Date of Decision: 30.8.2011 Sukhjinder Kaur ... Appellant Versus Gurudwara Shri Himat Sar Sahib and Others ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Hardial Singh Baath, Advocate for the appellant. Kanwaljit Singh Ahluwalia, J. (Oral) Civil Misc. No. 9717-C of 2011 Civil Misc. Application is allowed. Document (Annexure A1), which is stated to be Ex.D1 in the suit file, is taken on record along with Annexure A2-statement made by Karam Singh as PW.2. Regular Second Appeal No. 3107 of 2011 Dalip Singh had three sons namely Karam Singh, Amar Singh, proforma defendant and Bahadur Singh. They have succeeded to the estate of their father Dalip Singh. Amar Singh had sold his share in the property, which had accrued to him, to Sukhjinder Kaur, appellant, whereas Karam Singh had donated his land to the Gurudwara by way of gift deed. Regular Second Appeal No. 3107 of 2011 (O&M) 2 The Gurudwara Shri Himat Sar Sahib, respondent/plaintiff, had filed a suit for declaration to the effect that they are owner in possession of 1/3rd share in the suit property, as mentioned in the head note A of the plaint and sought partition thereof. The plaintiff/respondent had also sought relief of permanent injunction that the defendants be restrained from interfering in their peaceful possession. Mr. Hardial Singh Baath, Advocate, appearing for the appellants, has not denied that Karam Singh, who was issueless, had given his share in the land by way of gift deed to the Gurudwara and furthermore during his life time, Karam Singh appeared in the witness box as PW.2. The appellants/defendants took a plea that Amar Singh son of Dalip Singh was in exclusive possession of the suit property and vide a registered sale deed, he had sold the property to appellant/defendant No.1 to the suit. The trial Court, after analyzing and appreciating the evidence, has placed implicit reliance upon the testimony of PW.2 Karam Singh, donor and PW.1 Darshan Singh, Donee, who had accepted the suit property on behalf of the Gurudwara. The Court held that it has been proved by the plaintiff/respondent that the property was initially owned by Khushal Singh, from whom it devolved upon Dalip Singh and thereafter his three sons, namely Amar Singh, Karam Singh and Bahadur Singh. The defendants to the suit represent the branch of Bahadur Singh. Furthermore, they have stated that they have purchased the property from Amar Singh. Their plea that Karam Singh had no share in the property was discarded by the trial Court on the ground that Amar Singh was not examined by them as a witness. Regular Second Appeal No. 3107 of 2011 (O&M) 3 Mr. Baath has submitted that Amar Singh had died after one year of the execution of sale deed. The lower Appellate Court has affirmed the findings returned by the trial Court. Be that as it may, both the Courts below have found the evidence of plaintiff/respondent-Gurudwara to be trustworthy and held Karam Singh to be owner in possession of the suit land. It has not been proved by the defendants that the entire land was purchased by them from Amar Singh which also included the land donated by Karam Singh to the plaintiff/respondent-Gurudwara. This Court, in regular second appeal, cannot re-appreciate and do re-appraisal of the evidence. Learned counsel has failed to formulate any question of law, much less a substantial one, during the course of arguments, which may warrant interference of this Court. Hence, there is no merit in the present appeal and the same is hereby dismissed. (Kanwaljit Singh Ahluwalia) Judge August 30, 2011 “DK”