R.S.A. No. 1920 of 2005 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 1920 of 2005 (O&M) Date of Decision : 13.01.2009 Raj Kumar and others ....Appellants Versus Satbir and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. Ramesh Hooda, Advocate for the appellants. Mr.Harkesh Manuja, Advocate for the respondents. ..... MAHESH GROVER, J. The plaintiffs/respondents filed a suit for permanent injunction claiming that they are owners in possession of the plot shown and depicted by letters ABCD in the site plan attached with the plaint situated in the abadi area of the village. The appellants, who were defendants, pleaded that they were owners of the land on the basis of the sale deed dated 26.2.1999 which was executed in their favour and which is on record as Ex.D1. Both the Courts below came to the conclusion that the sale deed was executed by one brother in favour of the other and was not inspiring enough. In so far as the possession was concerned, it was admitted by the appellants that the respondents were in possession R.S.A. No. 1920 of 2005 (O&M) -2- though it was pleaded that the possession has been usurped forcibly. It was also observed that both the appellants and the respondents had failed to establish their ownership as no credible evidence was brought on record. After hearing the learned counsel for the parties, I am of the opinion that there is no merit in the appeal. Concededly, as per the showing of the appellants, who are the defendants, the plaintiffs/respondents are in possession of the property even though it was alleged that they are in forcible possession of the same. Be that as it may, to grant the prayer of injunction, the factum of possession was sufficient, more so when both the parties had not led any evidence to establish their title. In this view of the mater, the findings recorded by the courts below cannot be faulted with. No question of law is shown to have arisen in the present appeal. Dismissed. 13.1.2009 (MAHESH GROVER) JUDGE dss