IMPORTANT POINT
Concurrent finding of facts by courts below, if not perverse, is binding on the High Court as well as the Supreme Court.

JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is filed by the plaintiff against the judgment and order dated 02.05.2006 passed by the High Court of Punjab and Haryana at Chandigarh in R.S.A. No. 1522 of 2006 whereby the High Court dismissed the second appeal filed by the appellant herein and affirmed the judgment and decree dated 21.10.2005 passed by the Additional District Judge, Panchkula in C.A. No.20 of 2005.

2. The appellant is the plaintiff whereas the respondents are the defendants in the civil suit out of which this appeal arises.

3. The dispute in this appeal relates to plot No.28, measuring 1/4th acre in Industrial Area Phase-I Urban Estate, Panchkula(hereinafter referred to as “the suit land”).

4. Haryana Urban Development Authority (hereinafter referred to as “HUDA”) had allotted the suit land to one Shri Ved Prakash Kakaria in the year 1973. Thereafter Shri Ved Prakash Kakaria, on 24.04.1980, entered into an agreement with the appellant to sell the suit land to him on certain terms and conditions.

5. On 05.02.1985, Shri Ved Prakash Kakaria expired, leaving behind two sons and one daughter (respondent Nos.1 to 3) as his legal heirs. Respondent Nos.1 to 3 however, sold the suit land to respondent No.4.

6. On 10.10.1992, the appellant filed a suit against the respondents for a declaration that the transfer made by respondent Nos.1 to 3 in favour of respondent No.4 is null and void and not binding on the appellant, that the respondents be restrained from interfering in appellant's possession over the suit land as he claimed to be in possession of the suit land, and lastly, for issuance of mandatory injunction against respondent Nos.1 to 3 directing them to transfer the suit land in favour of appellant.

7. The suit was essentially based on an agreement dated 24.04.1980 and the Will alleged to have been executed by late Shri Ved Prakash Kakaria in his favour for claiming the aforementioned reliefs against the respondents.

8. The respondents filed their respective written statements and denied the plaintiff's claim. The respondents denied the agreement dated 24.04.1980 and also denied the execution of alleged Will said to have been executed by Ved Prakash Kakaria in favour of the plaintiff. The respondents defended the sale of the suit land made by respondent Nos.1 to 3 in favour of respondent No.4 for valuable consideration and contended that respondent No.4 was put in its actual possession and has also set up their factory over the suit land and running the same.

9. The Trial Court framed the issues and the parties adduced their evidence. The Trial Court, by its judgment and decree dated 22.01.2005, dismissed the suit. It was held that the appellant (plaintiff) failed to prove the agreement dated 24.04.1980, that the Will was also not proved, that respondent Nos.1 to 3 being the owner of the suit land rightly sold the suit land to respondent No. 4 for consideration, and lastly, that respondent No.4 was in possession of the suit land and has set up their factory over the suit land.

10. Felt aggrieved, the appellant filed first appeal before the Additional District Judge, Panchkula. By judgment/decree dated 21.10.2005, the First Appellate Court dismissed the appeal and upheld the judgment/decree of the Trial Court. Felt aggrieved, the appellant pursued the matter in second appeal before the High Court. The High Court, by impugned judgment, dismissed the second appeal holding that the concurrent findings of two Courts below are binding on the High Court and that the appeal does not involve any substantial question of law under Section 100 of Code of Civil Procedure. It is against this judgment of the High Court, the appellant (plaintiff) felt aggrieved and filed this appeal by special leave before this Court.

11. Heard Mr. Jaideep Gupta, learned senior counsel for the appellant and Mr. Sanjay Kumar Visen, learned counsel for the respondents.

12. Having heard the learned counsel for the parties and on perusal of the record of the c