Mast Ram vs Gram Panchayat Deoli and Others

Surjit Singh, J.—Plaintiff is aggrieved by the judgment and decree dated 24th July, 2009 of the learned District Judge, by which his appeal against the judgment and decree dated 27th December, 2008 of trial Court, dismissing his suit, stands dismissed.

Plaintiff-appellant filed a suit for issuance of permanent prohibitory injunction, restraining the defendants-respondents from throwing debris on his land bearing Khasra Nos. 1259/1049, 1261/1120 and 1263/1180. Defendants denied the allegation.

After trial, finding was returned by the trial Court that the plaintiff-appellant had failed to prove that debris was being thrown on his aforesaid land. Consequently, the suit was dismissed. Appeal filed by the plaintiff-appellant has also been dismissed.

I have heard the leaned counsel for the appellant.

No substantial question of law arises. The two Courts below have returned a concurrent finding, based on oral evidence adduced by the parties, that no debris was being thrown upon the land of the plaintiff-appellant by the defendants-respondents. Learned Counsel submits that the two Courts below have not appreciated the evidence correctly. There is no force in the submission. Both the Courts below have referred to the evidence adduced by the parties and analysed the same. Thus, there is no substantial question of law involved. Appeal is, therefore, dismissed.

In view of the dismissal of the appeal, pending application, if any, stand disposed of, having become infructuous.