Regular Second Appeal No. 1079 of 2011 (O&M) 1 In the High Court of Punjab and Haryana, at Chandigarh Regular Second Appeal No. 1079 of 2011 (O&M) Date of Decision: 30.8.2011 Smt. Vidhiya Devi and Others ... Appellants Versus Rakesh Kumar ... Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Jai Vir Yadav, Advocate for the appellants. Kanwaljit Singh Ahluwalia, J. (Oral) Civil Misc. No. 3000-C of 2011 For the reasons stated in the application, the same is allowed. Delay of 71 days in re-filing of the appeal is condoned. Regular Second Appeal No. 1079 of 2011 The plaintiffs to the suit, having failed in two rounds of litigation, have preferred the regular second appeal. Briefly stated, the suit for declaration and permanent injunction was filed by plaintiff-Hari Singh praying that since the sale deed dated 4.5.2001 in respect of the land measuring 12 marlas is null and void, the same be set aside and decree to this effect be passed in his favour and against the defendant. As a consequential relief, it was pleaded that permanent injunction be granted and the defendant be restrained from Regular Second Appeal No. 1079 of 2011 (O&M) 2 taking possession forcibly of the land more than 12 marlas, detail and description whereof has been given in paragraph No.1 of the plaint. It was pleaded by the plaintiffs, who are legal heirs of Hari Singh, that Hari Singh had executed an agreement to sell with the respondent/defendant on 16.2.2000 with respect to 12 marlas of suit land for a consideration of ` 40,000 and had received an earnest money of ` 25,000 and the sale deed was to be executed on or before 15.4.2000. It was stated in the plaint that defendant is the nephew of Hari Singh. Due to inability of the defendant to get the sale deed executed, the period of sale deed was extended upto 4.5.2001. After all the formalities were performed by the defendant, the sale deed was executed and remaining amount of ` 15,000 was paid. It was further stated that the Deed Writer had asked Hari Singh to come after five/six days to take the copy of the registered sale deed. It was pleaded that the sale deed was executed in blind faith and lateron it was learnt that the defendant was claiming his possession over the total land measuring 1 kanal 15 marlas and was pronouncing that the sale deed has been executed qua the total land instead of 12 marlas of land. Upon notice, the defendant had filed a written statement and took a plea that registered sale deed dated 4.5.2001 pertained to 1 kanal 15 marlas of land and it was specifically denied that it pertained to only 12 marlas of land. However, relationship of plaintiffs and defendant was admitted. Mr. Jai Vir Yadav, Advocate, appearing for the appellants, has not been in a position to dislodge the concurrent findings of fact that the plaintiffs have miserably failed to produce and prove on the record an Regular Second Appeal No. 1079 of 2011 (O&M) 3 agreement to sell dated 16.2.2000. It is not disputed that the plaintiffs have been non-suited on the ground that they have not proved the agreement to sell dated 16.2.2000. Furthermore, the trial Court has held that Hari Singh himself is a most material witness, to prove the agreement to sell dated 16.2.2000, but he had not supported the case at all. In the Court he had shown his ignorance on all the important points qua execution of agreement to sell and both the Courts below have discarded his testimony on the ground that it was full of contradictions. Both the Courts below have appreciated the evidence and have come to the conclusion that the evidence of plaintiffs in no way aspire confidence, therefore, in the regular second appeal, this Court shall not tread on the path of re-appreciation and re-appraisal of the evidence, especially when learned counsel for the appellants/plaintiffs, during the course of arguments, has failed to formulate any question of law, much less a substantial one, for consideration of this Court. Hence, there is no merit in the present appeal and the same is hereby dismissed, in limine. (Kanwaljit Singh Ahluwalia) Judge August 30, 2011 “DK”