Punjab-Haryana High Court
Harjinder Singh & Ors vs Harbans Lal & Ors on 17 January, 2014
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.2216 of 2012(O&M)
Date of decision: 17.01.2014
Harjinder Singh & ors. ......Appellant(s)
Versus
Harbans Lal & ors. ......Respondent(s)
CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG
* * *
Present: Mr. Daygeesh Kumar Bhatti, Advocate for the appellants.
Rakesh Kumar Garg, J.(Oral)
CM No.4061-C of 2013 CM is allowed subject to all just exceptions.
CM No.12973-C of 2013 Counsel for the appellants states that the documents in question are part of record.
CM is allowed subject to all just exceptions.
RSA No.2216 of 2012(O&M) This is plaintiffs' second appeal challenging the judgments and decrees of the Courts below whereby their suit for declaration to the effect that they are owners in possession of the suit property on the basis of registered sale deed dated 3.11.1959, has been dismissed.
Suffice is to say that both the Courts below have non-suited the appellants on the ground that they have failed to prove the sale deed in question, in their favour which is in Urdu and a copy of which has been placed on record as Ex.P5.
The translated version of the said sale deed has been placed on record as Ex.P8. However, the contents of the said sale deed have not Saini Pushpinder 2014.01.23 14:10 I attest to the accuracy and integrity of this document High Court Chandigarh RSA No.2216 of 2012(O&M) -2- been proved in accordance with the High Court Rules and Orders because no expert witness well conversant with the Urdu language was examined by the plaintiffs to prove the said document. Admittedly, the plaintiffs are not conversant with the Urdu language and do not know what has been mentioned in the said document. The translated version of the aforesaid document placed on record as Ex.P8 has been tendered into evidence by the plaintiffs themselves. Counsel for the appellants though has made an effort to bring to the notice of this Court that such translation from the Urdu version to Gurmukhi Script was done by one Gurmohan Singh Sandhu, Deed Writer, Jalandhar, however, the said Deed Writer has not been produced on record to prove the translated version of the sale deed in question. Thus, undisputedly, the contents of the sale deed in question remained unproved on record.
In view thereof, this Court finds no merit in this appeal. No other point has been argued.
No substantial question of law arises in this appeal. Dismissed.
January 17, 2014 (RAKESH KUMAR GARG)
ps JUDGE
Saini Pushpinder
2014.01.23 14:10
I attest to the accuracy and
integrity of this document
High Court Chandigarh