BALBIR ALIAS BALBIR SINGH Vs. OM PARKASH

JUDGEMENT

(1.) THIS order shall dispose of two regular second appeals bearing RSA No. 3649 of 2003 titled Balbir alias Balbir Singh v. Om Parkash and RSA No. 3749 of 2003 titled Balbir alias Balbir Singh v. Zile Singh and Ors. as they arise out of common judgment and common questions of law and facts are involved in both these appeals.

(2.) PRESENT appeals have been filed against the judgments and decrees passed by the learned courts below vide which the suit for declaration with consequential relief of permanent injunction has been ordered to be dismissed.

(3.) BOTH the courts below have recorded a concurrent finding of fact that the property was not ancestral in the hands of Thana as the plaintiff-appellant had failed to lead any documentary, oral or other evidence to prove its ancestral nature. Thus, issue No. 1 has been decided against the plaintiff- appellant. Consequently the suit was also dismissed.