RSA No.2820 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.7824-C of 2007 & RSA No.2820 of 2007 Decided on :25.11.2009 Pushkar ... Appellant versus Ganpat & others ... Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Adish Gupta, Advocate for the appellant. Mr. Sauneet Sharma, Advocate for respondent No.1. **** 1.Whether Reporters of local newspapers 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? AJAY TEWARI, J. (ORAL) This appeal has been filed against the order of the ld. Lower Appellate Court reversing that of the Trial Court and thereby decreeing the suit filed by the respondent for declaration and permanent injunction over the suit land. The case set up by the appellant was that his predecessors were in possession of the property over the past 70 years and that he had perfected his title by way of adverse possession. The Lower Appellate Court found that though the possession of the appellant over the suit property had been established for more than statutorily required period of 12 years RSA No.2820 of 2007 -2- yet there was neither any pleading nor any evidence to illustrate that the possession was open and hostile. The following questions have been proposed: i) Whether the judgment of the ld. Lower Appellate Court is sustainable in law? ii)Whether the possession of the appellant is continued, open and undisturbed to establish his adverse possession? It would be seen that both the proposed questions are pure questions of fact. Learned counsel has not been able to persuade me that the findings recorded thereon are either based on no evidence or are based on such perverse misreading of evidence so as to be liable for interference under Section 100 of CPC. Consequently, the appeal and application for stay are dismissed. No costs. November 25, 2009 (AJAY TEWARI) sonia JUDGE