IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.627 of 2009 (O&M) Date of decision: 30.11.2010 Ramkawar ......Appellant(s) Versus Jagmal Singh and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Deepak Balyan, Advocate for the appellant. Mr. Rakesh Nehra, Advocate for the respondents. Rakesh Kumar Garg, J. (Oral) This is plaintiff's second appeal challenging the judgment and decrees of the Courts below whereby his suit for declaration to the effect that sale deed No.3127 of 3.10.2002 was illegal and not binding upon him with consequential relief of permanent injunction, was dismissed. It is not in dispute that the plaintiff-appellant is entitled to only 1/6th share of the land in dispute i.e. 218 sq.yards and in fact the aforesaid right of the appellant has not been disputed by the learned counsel appearing on behalf of the respondent. Moreover, partition proceedings are pending between the parties and vide judgment and decree dated 5.4.1994 passed in Civil Suit No.195 of 1986 a preliminary decree has been passed holding that the vendor of the appellant is entitled to 1/6th share of the suit land . In view of the factum of the determination of the rights of the appellant/his predecessor-in-interest in the partition suit and the fact that right of the appellant to the extent of 1/6th share of the suit property is not disputed by the counsel for the respondents, I find no merit in this appeal. No substantial question of law arises. RSA No.627 of 2009 (O&M) -2- Subject to the aforesaid observations that the appellant is entitled to 1/6th share of the suit property, which is not disputed, this appeal has no merit and the same is dismissed. . November 30, 2010 (RAKESH KUMAR GARG) ps JUDGE