R.S.A No.4169 of 2005 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : October 17, 2008 1. R.S.A No.4169 of 2005 Iqbal Singh vs Municipal Council of Moga & another 2. R.S.A No. 4253 of 2005 Sucha Singh vs Municipal Council of Moga & another CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** 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 order shall dispose of RSA Nos.4169 of 2005 and 4253 of 2005, as common questions of law and facts are involved therein. Both the Courts below have returned a finding that not only is the construction of the appellant unauthorized, he has infact encroached on public land. The appellant has also moved an application under Order 41 Rule 27 of the CPC for leading additional evidence which, as per his version, would show that he has not encroached on any public land. The justification given for the same is that earlier there was no dispute regarding boundaries of the property in dispute nor was there any allegation of encroachment. I find that the trial Court returned a finding of encroachment against the plaintiff/appellant. This being so, the application for additional R.S.A No.4169 of 2005 ::2:: evidence should have been filed before the lower appellate Court. Having not done so, the present application cannot be allowed. Apart from the additional evidence, the questions proposed in the appeal cannot be termed to be substantial questions of law, as they all are questions of fact and the findings thereon have not been showed to be perverse so as to warrant interference by this Court in second appeal. Consequently, this appeal is dismissed with no order as to costs, leaving it open to the appellant to approach the respondents to satisfy them that he has not encroached any public property. ( AJAY TEWARI ) October 17 , 2008. JUDGE `kk'