RSA No. 618 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No. 618 of 2010 (O&M) Date of Decision: 19.4.2011. Gian Singh and others .......Appellants Vs. Haryana State & others ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Ashok Kaushik, Advocate for the appellants. Mr. Deepak Jindal, DAG, Haryana ..... SABINA, J. Plaintiffs had filed a suit for declaration and permanent injunction. The case of the plaintiffs in brief was that Mangat Ram @ Mangtu was joint owner in possession of the agricultural land measuring 1 Bigha 1 Biswa along with Kedar Singh out of the total land measuring 3 Bighas 17 Biswas situated in the revenue estate of Palwal Patti Khail bearing Khasra Nos. 546 min (2-16) and 546 min(1-1). The government acquired the land of Patti Khail for the purposes of establishing Palwal Colony. However, 2 Bighas 16 Biswas of land owned by Mangat Ram to the extent of half share and Kedar Singh and others to the extent of half share bearing khasra No. 5461/1 was left by the RSA No. 618 of 2010 (O&M) -2- government, out of the acquisition proceedings. The State government exchanged the Khasra No. 5461/1 with Khasra No. 4245/1 and 4260/1 i.e. total measuring 2 Bighas 8 Biswas. Mutation in this regard was sanctioned on 3.10.1965. Now the defendants were threatening to raise construction over the land, shown in the letters ABCD in the site plan. Defendants, in their written statement, took up the plea that they had become owners of the suit land by way of adverse possession. It was denied that the portion marked ABCD in the site plan was part of Khasra No. 5461/1. It was denied that any exchange had ever taken place or that Khasra No. 5461/1 had ever been partitioned. It was averred that the suit land was laying vacant. Defendant No.2 was in possession of the suit land. On the pleadings of the parties, following issues were framed by the trial Court:- “1. Whether ancestors of the plaintiffs Sh.Mangat Ram along with Kedar Singh etc. were joint owners in possession of the suit land? OPP 2. Whether land was exchanged by State Government as per the details given in para No. 4 of the plaint, if so to what effect? OPP 3. Whether the plaintiffs are entitled to injunction as prayed for? OPP 4. Whether the suit of the plaintiff is not maintainable in the present form? OPD 5. Whether the plaintiffs have no cause of action to file the present suit? OPD RSA No. 618 of 2010 (O&M) -3- 6. Whether the plaintiffs have no locus-standi to file the present suit? OPD 7. Whether the suit is bad for non-joinder of parties? OPD 8. Whether the plaintiffs are estopped from filing the present suit by their own act and conduct? OPD 9. Whether the suit is barred by limitation? OPD 10. Whether the defendants have become owners of the suit property by way of adverse possession since they are in possession of the suit property since 10.6.50 and possession is open, continuous and with the knowledge and notice of the plaintiffs? OPD 11. Relief.” Civil Judge (Junior Division) vide judgment and decree dated 28.4.2006, dismissed the suit of the plaintiffs. The said judgment and decree were upheld, in appeal filed by the plaintiffs, by the Additional District Judge vide judgment and decree dated 15.4.2008. Hence, the present appeal by the plaintiffs. After hearing the learned counsel for the parties, I am of the opinion that the instant appeal deserves dismissal. Both the courts below, after appreciating the evidence led by the parties on record, held that the plaintiffs had failed to lead any documentary evidence in support of their case to the effect that the suit property was owned by their ancestors Mangtu and Kedar Singh etc. As per the revenue record, provincial government was described to be owner of Khasra RSA No. 618 of 2010 (O&M) -4- No. 5461 and Department of Public Health was described to be in possession of the suit land. Thus, the plaintiffs had failed to establish that they were owners in possession of the suit land. No substantial question of law arises in this appeal. Dismissed. (SABINA) JUDGE April 19, 2011 Gurpreet