IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3272 of 2007 (O&M) Date of decision: 19.4.2010 Ramji Lal and others ......Appellant(s) Versus Thok Gujran and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Shiv Kumar, Advocate for the appellants. Mr. Kul Bhushan Sharma, Advocate for respondents No.2 to 4. Rakesh Kumar Garg, J. (Oral) CM No.4592-C of 2010 This is an application to place on record the Jamabandi for the year 1955-56 by way of additional evidence, the original of which is in Urdu language. It is not in dispute that a copy of the aforesaid Jamabandi, which is in Urdu transcript, is already on record as Ex.PL. The contention of the learned counsel for the applicant- appellant is that though the document is already on record of the case yet the same could not be taken into consideration by the Courts below as the translated copy of the aforesaid document was not placed on record in accordance with the law and thus, it will be in the ends of justice, to allow this application. The prayer of the applicant-appellant cannot be accepted. Admittedly, the document is already on record which is in Urdu language and which could not be read into evidence as the appellants had failed to place on record the correct translation of the aforesaid document in accordance with law. By way of this application, the appellants simply want to fill up the lacuna left by them in their case. Therefore, this application is RSA No.3272 of 2007 (O&M) -2- without any merit and the same is hereby dismissed. RSA No.3272 of 2007 (O&M) This is plaintiffs' second appeal challenging the judgment and decrees of the Courts below whereby their suit for declaration for declaring them having acquired occupancy rights in the land in dispute has been dismissed. Both the Courts below have recorded a finding of fact that neither the plaintiff-appellants are recorded as occupancy tenants in the revenue record nor there is any other evidence on record on the basis of which they can be declared occupancy tenants. It is relevant to notice here that before the Courts below, counsel for the appellants had relied upon Jamabandi for the year 1955-56 EX.PL in which Roora, predecessor-interest of the appellants, was recorded as Gair Marusi tenant to establish the rights of the appellants. The Courts below have not referred to the aforesaid document as the same was in Urdu language and undisputedly, true translation of the same was not placed on record by the appellants in accordance with law. Thus, the aforesaid document was ignored from evidence correctly. I find no fault in the judgment and decrees of the Courts below. In view of the aforesaid findings, no substantial question of law arises in this appeal. Dismissed. April 19, 2010 (RAKESH KUMAR GARG) ps JUDGE