LAWS(P&H)-2006-7-668

BALJINDER SINGH Vs. CHARANJIT SINGH AND OTHERS

Decided On July 24, 2006
BALJINDER SINGH Appellant
V/S
Charanjit Singh And Others Respondents

JUDGEMENT

(1.) This present revision petition is directed against the orders dated 27th Sept., 2003 passed by the learned Additional Civil Judge, Fatehgarh Sahib and the order dated 5th April, 2004 passed by the learned Additional District Judge, Fatehgarh Sahib. The petitioner had filed a suit for permanent injunction restraining the respondents, their agents and servants from raising any sort of construction in the passage in dispute shown in Letters ABKN in the site plan attached with the suit. While deciding the application for interim injunction, the trial Court after examining the documents on record came to the following conclusions:

(2.) It is, therefore, apparent that both the Courts have given a concurrent finding that the plaintiff has not been able to produce any document before the Court from which it would prima facie prove that the suit property is in the nature of passage. He had filed a copy of the 'Akshshajra' but even a perusal of the same as found by the lower appellate Court, showed that the suit property was not a passage. Therefore, there is no basis or justification to assail the aforementioned concurrent findings of fact.

(3.) Learned counsel for the petitioner then submitted that flow of water was being obstructed. The findings of the Courts below, in this regard are already in favour of the petitioner. The trial Court even directed status quo to be maintained by the parties. The lower appellate Court again examined the matter. In para 13, the lower appellate Court recorded the following findings :