RSA No.3725 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3725 of 2010 Date of Decision: 15.09.2010 Purab Khanna .....Appellant Versus Nagar Panchayat and others ……Respondents Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Ms. Naiya Gill, Advocate for the appellant. L. N. MITTAL, J (ORAL) This is second appeal by plaintiff No.2-Purabh Khanna, having remained unsuccessful in both the Courts below. Suit was filed by appellant and his uncle Dalip Chand plaintiff No.1 (since deceased and represented by proforma respondent Nos.4 to 7 as his legal representatives) against respondent Nos.1 to 3 i.e Nagar Panchayat and its officers alleging that plaintiff No.1 is in continuous and hostile possession of the suit land for the last many years. Plaintiff No.1 along with plaintiff No.2 has installed Wooden Taal and weigh-bridge in the suit land in the year 2004. Defendants have no concern with the suit land, but the defendants wanted to dispossess the plaintiffs therefrom forcibly and illegally. Accordingly, plaintiffs sought permanent injunction restraining the defendants (respondent Nos.1 to 3) from taking forcible possession of the suit land from the plaintiffs and from interfering in their possession over the suit land. Defendants controverted the plaint allegations and inter alia pleaded that existing shamlat deh of the village was found RSA No.3725 of 2010 -2- insufficient for common purposes during consolidation proceedings and, therefore, pro rata cut was imposed on all proprietors of the village for contribution of land for common purposes. The plaintiffs have no right on the suit land. Learned Civil Judge (Senior Division), Kapurthala vide judgment and decree dated 22.08.2009 dismissed the plaintiffs' suit. First appeal preferred by plaintiff No.2 only stands dismissed by learned Additional District Judge, Kapurthala vide judgment and decree dated 02.06.2010. Feeling aggrieved, plaintiff No.2 has preferred the instant second appeal. I have heard learned counsel for the appellant and perused the case file. Plaintiffs failed to lead any evidence and, therefore, the plaintiffs were non-suited, being a case of no evidence. Learned counsel for the appellant contended that reasonable opportunities were not granted to the plaintiffs for their evidence by the trial Court and, therefore, the suit be remanded to trial Court for fresh decision after granting further opportunities to the plaintiffs for their evidence. The contention might have been accepted, but the appellant has no locus standi to seek any relief. According to the plaint allegations, only plaintiff No.1 was in possession of the suit land for the last many years. Plaintiff No.1 allegedly joined plaintiff No.2 being his nephew for installation of wooden taal and weigh-bridge. Consequently, plaintiff No.2 appellant has no right, title or interest in the suit land and he is not in possession thereof. Even if plaintiff No.2 was working with plaintiff No.1 in the business being carried in the suit land, the possession RSA No.3725 of 2010 -3- over the suit land was allegedly of plaintiff No.1 only. Consequently, appellant-plaintiff No.2 cannot be granted any relief. It is worth mentioning that admittedly the suit land is of Mushtarka Malkan i.e proprietors of the village. It is not even the case of the plaintiffs that they are proprietors in the village. On the other hand, it is the positive case of the plaintiffs that possession of plaintiff No.1 over the suit land was hostile. Consequently, it emerges that plaintiffs have no right, title or interest in the suit land. Even plaintiff No.1 had no right, title or interest in the suit land except his alleged possession as trespasser thereon. In this view of the matter also, no relief can be granted to plaintiff No.2-appellant. For the reasons aforesaid, I find no merit in the instant second appeal. No question of law, much less substantial question of law, arises for determination in the instant second appeal. The appeal is accordingly dismissed in limine. 15.09.2010. ( L. N. MITTAL ) A. Kaundal JUDGE