In the High Court of Punjab and Haryana at Chandigarh CM Nos. 11391-C of 2007 & 11392-C of 2007 and RSA No.4031 of 2007 Date of Decision: 15.10.2008 State of Haryana etc. ...... Appellants Versus Ajaib Singh and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.Deepak Jindal,AAG, Haryana for the appellants. **** Ajay Tewari, J.(Oral) CM Nos. 11391-C of 2007 & 11392-C of 2007 For the reasons mentioned in the applications, delay of 32 days in refiling and of 20 days in filing the appeal is condoned. CMs stand disposed of accordingly. RSA No. 4031 of 2007 This appeal has been filed against the concurrent findings by both the Courts to the effect that the Jamabandi for the year 1966-67 whereby the Central Government has been shown as owner of the land in dispute does not affect the rights of the plaintiff-respondent. Both the Courts have held that the mutation in favour of the Central Government was not preceded by any legal requirements. Both the Courts have also held that RSA No.4031 of 2007 -2- since the mutation in favour of the Central Government was illegal and no notice had been issued to the occupants before entering the same, the bar of limitation would not apply. The State has come up in appeal proposing the following questions of law:- “ i) Whether both the learned Courts below have wrongly appreciated the evidence on record and law of the case have wrongly declared the plaintiff as owner in possession of the suit land? ii) Whether the suit of the plaintiff could be entertained for challenging the entries in jamabandi after a period of 35 years?” The first question is a pure question of fact. As far as second question is concerned, the same has been adequately answered by the Courts below. As a result, having no merit this appeal is dismissed with no order as to costs. (AJAY TEWARI) JUDGE October 15, 2008 sunita