R.S.A.No.2281 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.2281 of 2008 Date of Decision : 06.10.2009 Braham Prakash and others ...Appellants Versus Om Parkash and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. P.R.Yadav, Advocate, for the appellants. Mr. Rajesh Khandelwal, Advocate, for Mr. S.N.Yadav, Advocate, for respondents No.1, 2 and 4. HEMANT GUPTA, J. (ORAL) The defendants are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby suit for possession by directing the defendants to remove the encroachment upon the plot of the plaintiffs in khasra No.92, was decreed. Both the Courts have considered the voluminous documentary evidence led by the parties to return a finding that the defendants have encroached upon the plot of the plaintiff. Such finding has been returned after getting the plot demarcated in accordance with the instructions of the Financial Commissioner. On 15.10.2008, notice of motion was issued on the basis of the statement of learned counsel for the appellants that they are in possession of 3 Marlas of land for about 25 years and they are ready and willing to pay the price of 3 Marlas of land, which has been found to be in their R.S.A.No.2281 of 2008 2 unauthorized possession. However, the parties could not arrive at a settlement in respect of price to be paid by the appellants. Both the Courts have returned a finding that the defendants have encroached upon the land of the plaintiffs measuring 3 Marlas. Such finding is based upon proper appreciation of evidence. It could not be pointed that any evidence has been misread or not taken into consideration. Findings of fact recorded by the Courts below cannot be permitted to be disputed by reappreciation of evidence in second appeal. Consequently, I do not find that any substantial question of law arises for consideration by this Court. Dismissed. 06.10.2009 (HEMANT GUPTA) Vimal JUDGE