RSA No.2089 of 2008 :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2089 of 2008 Date of decision: 12.03.2010 Yash Pal .. Appellant Versus Yog Raj and others .. Respondents CORAM: HON'BLE MR.JUSTICE AJAY TEWARI a). Whether Reporters of Local Papers may be allowed to see the judgment ? b). To be referred to the Reporters or not ? c). Whether the judgment should be reported in the Digest ? Present:- Mr.J.S.Thind, Advcate for the appellant Mr.J.S.Punia, Advocate for respondents No.1 and Mr.Satish Jawal, Advocate for respondent No.3 AJAY TEWARI J. (ORAL) . . . This appeal has been filed against that portion of the judgment of the Trial Court (confirmed by the learned Lower Appellate Court) where it was held that there was a passage in the land in dispute that was only 5ft. in width. The respondents had filed an appeal against the finding that the width of the passage is 5 ft.. The appellant had filed cross- objections. The Courts below relied upon the site plan, which was made in the scale of 1''=8' and after the learned Trial Court personally measured it and found that in the site plan, the passage was less than 1'' wide and in view of the other evidence produced by the appellant, held the width of the passage to be 5 feet only. The following questions have been proposed:- (i) Whether any finding given by the court which is against the pleading and evidence is sustainable in the RSA No.2089 of 2008 :2: eye of law ? (ii) Whether while passing the judgment and decree by the court in the favour of the owner/plaintiff and the adverse finding can be sustainable which is against the record ? Learned counsel has taken me through the findings of the learned lower Appellate Court recorded thereon 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 as well as Civil Miscellaneous Application, if any, are dismissed. No costs. March 12, 2010 (AJAY TEWARI) Sukhpreet JUDGE