IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.4327 of 2009 (O&M) Date of decision: February 8, 2010. Avtar Singh ...Appellant(s) v. Nagar Council, Barnala ...Respondent(s) CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Shri Gurbir Singh Toor, Advocate, for the appellant(s). Rakesh Kumar Garg, J. (Oral): CM No.13102-C of 2009 For the reasons mentioned in the application, delay of 52 days in re-filing this appeal is condoned. Application stands disposed of. CM No.13103-C of 2009 Civil Misc. application is allowed subject to just exceptions. The appellant is permitted to make good the deficiency in court fee. RSA No.4327 of 2009 This is defendant's appeal challenging the judgment and decrees of the courts below whereby his suit for permanent injunction and restraining the defendant-respondents from forcibly constructing the street/passage in the disputed property and further for mandatory injunction, was dismissed. Both the courts below, on appreciation of evidence, have recorded a concurrent finding of fact that the appellant has failed to prove his title over the suit property and in fact the suit property is a street and, therefore, it cannot be said that the plaintiff/appellant was exclusive owner of the suit property. No material evidence, which has been ignored while returning the aforesaid finding, has been pointed. Thus, no fault can be found with the findings of fact recorded by the courts below and there being concurrent findings of facts by the courts below on appreciation of evidence, no case to interfere in view of the provisions of Section 100 CPC is made out. No question of law, much less substantial question of law, arises in this appeal. Dismissed. February 8, 2010. [ Rakesh Kumar Garg ] kadyan Judge