RSA No. 915 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 915 of 2009 Date of Decision: July 22 , 2009 Chamkaur Singh ...... Appellant Versus Gurbax Singh and another ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. B.S.Bhalla, Advocate for the appellant. **** 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 for permanent injunction restraining the respondents from interfering in his possession over an open plot. Learned counsel has proposed the following questions:- i) Whether the oral as well as documentary evidence has been ignored by the Courts below? ii)Whether the report for the local commissioner appointed by the trial court could have been ignored in view of the dispute between the parties? Apart from these questions learned counsel has also raised a RSA No. 915 of 2009 2 legal submission that the established possession even by a trespasser has to be protected. As regards the first two questions they are questions of fact. Learned counsel has taken me through the findings of the learned courts below. However, I regret my inability to agree with him that the same are either based on no evidence or are based on such misreading of evidence so as to render them perverse. As regards question No. (iii) learned lower Appellate Court has rightly held that mere placing of a manure in an open plot would not amount to established possession so as to substantiate the question of law. Consequently this appeal is dismissed. No costs. Since the main case has been decided, all the pending CMs stand disposed of. (AJAY TEWARI) JUDGE July 22 , 2009 sunita