RSA No. 4500 of 2003 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 11611-C of 2009 and RSA No. 4500 of 2003 Date of Decision: October 28 , 2009 Ram Krishan and others ...... Appellants Versus Dekh Ram and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.Navin Batra, Advocate for the applicant-appellants. Mr.D.S.Bali, Senior Advocate with Mr. Amandeep Saini, Advocate for the respondents. **** Ajay Tewari, J. CM No. 11611-C of 2009 For the reasons recorded, this application is allowed and the appeal is restored to its original number. With the consent of learned counsel for parties, this appeal is taken up today for hearing. RSA No. 4500 of 2003 This appeal has been filed against the concurrent judgments of the courts below dismissing the suit of the appellants for partition of certain plots on the ground that the said plots remained joint between their ancestors and those of the respondents ( even though the other property was partitioned). RSA No. 4500 of 2003 2 The following question has been proposed:- “i) Whether the learned courts below have gravely erred in appreciating the evidence on record while ignoring the revenue entries in the form of jamabandies and relied upon a solitary oral statement of the defendants?” It would be seen that the question posed is a pure question of fact. Both the courts have relied not only on the solitary statement of the appellant as projected in the appeal but have also relied upon the fact that appellant No.8 had earlier filed civil suit No. 257 of 1991 in which he had himself pleaded the factum of previous partition between the parties. Learned counsel has taken me through the findings of the courts below but has not been able to persuade me that the said findings are either based on no evidence or on such perverse misreading of the evidence so as to be liable for interference under Section 100 CPC. Consequently this appeal is dismissed. No costs. Since the main case has been decided, the pending Civil Misc. Applications, if any, stand disposed of. (AJAY TEWARI) JUDGE October 28, 2009 sunita