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2007 DIGILAW 1124 (PNJ)

Darshan Singh v. Beant Singh

2007-05-14

PERMOD KOHLI

body2007
JUDGMENT Permod Kohli, J.:- This civil second appeal is directed against the concurrent findings of fact recorded by the courts below. Appellant herein filed a suit for permanent injunction claiming the right of passage over the land 2 Karams allegedly on the basis of agreement dated 7.5.1986. The defendants denied not only the document but also the existence of any passage on the spot. The trial court vide its judgment and decree dated 29.7.2005 while deciding issues Nos.1 to 3 returned the finding that there is no passage on the spot in disputed khasra number and on that basis the trial court refused to grant any injunction and dismissed the suit filed by the appellant-plaintiff. The appeal preferred therefrom by the appellant before the Additional District Judge, Barnala bearing civil appeal No.59 of 2005 also cannot be dismissed vide the impugned judgment and decree dated 21.3.2006. Learned counsel appearing for the appellant has referred to substantial question of law said to be involved in this case which is reproduce as under: “Whether the document EX.P1 can be discarded for registration when the now ownership right has been claimed by the appellant”. 2. The appellant has relied upon an agreement which is admittedly not registered nor the said document was entered into any revenue record. The evidentiary value of the document has been discussed by the courts below and on the basis of the said document and other circumstances the finding has been returned that no passage was existing at the spot. I do not find any substantial question of law in this appeal as all the questions raised fall within the realm of appreciation of evidence. This appeal accordingly fails and is hereby dismissed. —————————————