RSA No. 321 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 321 of 2008 Date of Decision: July 10, 2009 Baldeva ...... Appellant Versus Rajbir and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. S.K.Rana, Advocate for the appellant. Mr.Deepak Dahiya, Advocate for Mr.J.S.Mor, Advocate for the respondents. **** 1. Whether Reporters of local papers 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. This appeal has been filed against the concurrent judgments of the Courts below dismissing the suit of the appellant claiming the property of his deceased brothers Deva Singh and Chatter Singh on the ground that they had both died issueless and that he was entitled to inherit their property. The following questions have been proposed by learned counsel for the appellant:- i) Whether the appellant is entitled to inherit the share left behind by Deva Singh who died intestate and unmarried, whereas there is sufficient material on record to prove that RSA No. 321 of 2008 2 Sukhdei was never married with Deva Singh? ii)Whether the appellant is entitled to the share of Chhattar Singh who died unmarried and issueless? iii)Whether the mutation 3459 and 3525 have not been sanctioned legally and do not create any right in favour of the defendants? iv)Whether these mutations are liable to be set aside on the basis of oral as well as documentary evidence led by the plaintiff? v) Whether the learned courts below have miserably failed to appreciate the pleadings of the parties? It would be seen that all the questions proposed are questions of fact. The courts below have held all these questions of fact against the appellant and learned counsel has not been able to persuade me that the findings recorded thereon are either based on no evidence or on such a misreading of the evidence that the said findings can be rendered to be perverse. Consequently this appeal is dismissed. No costs. (AJAY TEWARI) JUDGE July 10 , 2009 sunita RSA No. 321 of 2008 3