IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA RSA No. 40 of 2003 Date of Decision 24.11.2009 __________________________________________________________ Bhagat Ram ….Appellant. Versus Surinder @ Guddu & others. ….Respondents. ___________________________________________________________ Coram The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 No. __________________________________________________________ RSA No. 40 of 2003 For the Appellant: Shri J.R. Poswal, Advocate. For the Respondents: Shri Bimal Gupta, Advocate __________________________________________________________ Dev Darshan Sud, J. This appeal arises out of the judgment of both the Courts below declining a decree for permanent prohibitory injunction against the defendants. The plaintiff approached the Court on the pleadings that the defendants were interfering in Khasra No. 351/13/6 and 351/13/3 when they started construction by collecting material on this land. The plaintiff pleads the possessory right on this land as his predecessor in interest was stated to have taken possession of khasra No. 351/13/6, but deprived from possesssory rights of this khasra number 1 Whether reports of Local Papers may be allowed to see the judgment? Yes. 2 by the State. An appeal against the proceedings for his ejectment are pending before the Financial Commissioner. On the evidence of the parties, the Courts below held that the defendants have been granted land comprised in Khasra No. 365/351, which in no manner forms a part of the two khasra numbers purportedly in possession of the appellant-plaintiff. These findings have been arrived at concurrently by the two Courts below. In other words, the relief of injunction has been declined to the plaintiff-appellant on the ground that no interference has been caused in his possession on the suit land as claimed. This appeal was admitted on the following substantial question of law:- 1. Whether the finding arrived at by the Court below that the plaintiff was not in possession of the property, subject matter of dispute, is dehors the evidence on record? There is no question of law much less substantial question of law arising for determination by this Court. It is clarified that the case of the appellant which is pending before the Financial Commissioner shall be disposed of on the material, merits/pleadings as urged before him. The decision of this appeal shall have no bearing on the points urged by the appellant before the Commissioner. It is also clarified that the defendants will not claim any right over these two khasra numbers. This appeal is accordingly disposed of. The disposal of this appeal will not affect any other litigation of the appellant. There shall be no order as to costs. CMP No. 931 of 2009 No orders. Disposed of. November 24, 2009 (Dev Darshan Sud), (ms) Judge