JUDGEMENT
Jasbir Singh, J. -
(1.) Appellant-plaintiff, by claiming himself in possession of the
property, in dispute, filed a suit for permanent injunction. It was his case
that after purchase of the land, in dispute, he was put in possession and the
respondents-defendants were trying to interfere in the same unnecessarily.
His suit was dismissed. He also failed in appeal.
(2.) Both the Courts below have given a categoric finding that mere
recital in the sale deed, will not prove that actually the appellant was put in
possession of the property. As per revenue record, prior thereto, his
predecessors were not shown in possession of the property. Before this
Court, an application has been moved for leading additional evidence and
primary reliance has been placed on document Annexure P/1 i.e. the order
passed by the Assistant Collector Ist Grade Batala on 15.1.1996, vide
which, khasra girdawaris were ordered to be changed in favour of the
appellant. A perusal thereof would indicate that order was passed on the
basis of statement made by predecessors of the appellant. Rrespondents
were not party to the said litigation, as such, this Court feels that the order
passed has no bearing so far as merits of the present case are concerned.
(3.) Similarly, subsequent khasra girdawaris, which were changed on the basis
of order Annexure P/1, have not relevancy so far as facts of the present case
are concerned. In view of findings given by the appellate Court below in
paragraph Nos.18 to 20 of judgment under challenge, no case is made out
for interference as counsel has failed to raise any substantial question of law
at the time of arguments.;
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