Appeal against dismissal of claim for ownership and possession of a village plot. Appeal dismissed as courts below found appellant was a non-proprietor who failed to prove allotment to forefathers.
The appeal was dismissed without granting any relief regarding the ownership of the plot.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.2532 of 2013(O&M) Date of decision: 01.07.2013
Jagdish
......Appellant(s)
Versus
Balwan
......Respondent(s)
CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR GARG
Present: Mr. B.R. Gupta, Advocate for the appellant.
Rakesh Kumar Garg, J.(Oral)
The appellant is claiming the ownership and possession of the plot in question (which is a part of abadi of the village) on the basis of long possession alleging that the same was allotted to his forefathers. However, both the Courts below have recorded a concurrent finding of fact that the appellant is a non-proprietor of the village and thus, could not have claimed the ownership of the plot in question in the abadi of the village.
Though an argument has been raised that even a nonproprietor of the village could have been allotted a plot in abadi of the village, however, a finding has been recorded by the Courts below that the petitioner has utterly failed to prove such an allotment in favour of his forefathers. Even before this Court, learned counsel for the appellant could not point out any such evidence to support the case of the appellant.
In view of the aforesaid findings of fact recorded by the Courts below, this Court is of the opinion that no substantial question of law, as raised in the grounds of appeal and as argued before this Court, arises in this appeal.
Dismissed.
(RAKESH KUMAR GARG) JUDGE
July 01, 2013
Saini Pushpinder ps 2013.07.19 11:45 I attest to the accuracy and integrity of this document High Court Chandigarh
Saini Pushpinder 2013.07.19 11:45 I attest to the accuracy and integrity of this document High Court Chandigarh
3 issues framed by the court
Whether a plain person can claim ownership of a plot in abadi of the village based on long possession alleged to be allotted to forefathers.
Whether the trial courts recorded findings of fact correctly regarding the appellant's non-proprietorship in the village.
Whether any substantial question of law arises in the appeal given the concurrent findings of fact.
Jagdish
Balwan
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
