RSA No.3773 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.3773 of 2008 Date of Decision: 09.07.2009 Jagdish Chander ...Appellant VERSUS Dharamshala Gulabwali and others ...Respondents CORAM: HON'BLE MR.JUSTICE AJAY TEWARI Present: Mr. Rajesh Arora, Advocate for the appellants. *** AJAY TEWARI J. This appeal has been filed against the judgment and decree of the learned Lower Appellate Court reversing that of the learned trial court and thereby decreeing the suit for declaration filed by the respondents to the effect that the entries in the revenue record in column of ownership showing the defendants as Bajariya below the names of Dharamshala Gulabwali were wrong and illegal and a permanent injunction restraining the appellant from claiming any right, title or interest in the suit land. Learned counsel for the appellant has argued that there is no dispute that the property was in the ownership of the Dharamshala Gulabwali since their fore-fathers had donated the land for the same. Learned counsel for the appellant has proposed the following questions:- i. Whether suit filed by the plaintiff/respondent is time barred? RSA No.3773 of 2008 -2- ii. Whether the entries in the revenue record with regard to ownership in the name of defendant/appellant have any bearing in the suit? iii.Whether the ld. Appellate Court failed to appreciate the pleadings and evidences in right perspective? I find that learned Lower Appellate Court has held only two things. Firstly he has held that the mutation in favour of the appellant was merely as a manager. Secondly he has declared that the property being in the ownership of Dharamshala Gulabwali, the appellant has no right to sell it individually. In my opinion, no harm has been caused to the appellant by this decision. As mentioned above, learned counsel for the appellant is not setting up any title in this appeal. Consequently any question of law which may have been proposed is rendered academic and the appeal is dismissed. No costs. As the main case has been disposed of therefore all the pending civil miscellaneous applications in the case also stand disposed of. ( AJAY TEWARI ) July 09, 2009 JUDGE ashish