Regular Second Appeal No. 4130 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 4130 of 2008 (O&M) Date of Decision: 1.4.2009 *** State of Haryana and others ..APPELLANTS VS. Bakshish Singh ..RESPONDENT CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Ajay Gulati, AAG Haryana. *** ARVIND KUMAR, J. After having lost concurrently before two of the Courts below, the State of Haryana and others have preferred the instant Regular Second Appeal. The suit of the plaintiff-respondent for declaration, challenging the entries made in favour of the State of Haryana vide mutation No. 1014 dated 30.1.1990, after deleting the name of the plaintiff, in respect of the suit land, which at one point of time was declared as surplus, was decreed by the learned trial court as the appellant-defendant not only admitted the possession of the respondent-plaintiff over the suit land till date but also the factum of pendency of writ petition of the plaintiff before this Court challenging the order of the Prescribed Authority, including the suit land in the surplus zone, wherein his dispossession has been stayed by directing the parties to maintain status quo in respect of the suit land. Thus, the courts below rightly concluded that the entries made in favour of Haryana State in place of plaintiff, as owner in possession of the suit land are totally illegal and accordingly rightly ordered for incorporation of the name of the plaintiff in the revenue record till he remains in possession thereof. No Regular Second Appeal No. 4130 of 2008 2 ground is made out to interfere with the concurrent findings of fact recorded by both the Courts below. No substantial question of law, which is sine qua non for admission of appeal is made out. The appeal is wholly without merits and the same is accordingly dismissed in limine. (ARVIND KUMAR) JUDGE April 1,2009 Jiten