R.S.A. No. 323 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 323 of 2009 (O&M) Date of Decision : 19.01.2009 State of Haryana and others ....Appellants Versus Som Parkash and others ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. O.P.Sharma, Additional Advocate General, Haryana for the appellants. ..... MAHESH GROVER, J. This present appeal, which is also barred by a delay of 129 days, is directed against the judgments of the learned trial Court dated 1.6.2007 and the first Appellate Court dated 11.6.2008. The respondents filed a suit seeking to injunct the appellants from cutting and removing the trees standing on the suit land which belonged to them. The appellants, who were defendants in the suit, pleaded that the land belonged to the Forest Department and accordingly they had planted the trees and hence they have the right to cut them also as the trees had now attained the age of maturity. Both the courts below came to the conclusion on the basis of material before them that the land belonged to the plaintiffs/respondents and there was no material on record from which R.S.A. No. 323 of 2009 (O&M) -2- it could be inferred that the land belonged to the Government/Forest Department. Accordingly, a conclusion was arrived at that the plaintiffs/respondents being owners of the land were also entitled to harvest the trees since they were planted on their land. Learned counsel for the appellants contended that the findings recorded by the Courts below are erroneous and that the appellants who had planted the trees were very well within their right to cut them also. After hearing the learned counsel for the appellants, I am of the opinion that a pure finding of fact has been arrived at by the Courts below that the land belonged to the respondents and that the trees being planted on their land, they were very well within their right to harvest the same. No question of law is shown to have arisen in the present appeal. Therefore, the same is dismissed on merit as well as on the ground of delay. 19.1.2009 (MAHESH GROVER) JUDGE dss