PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this Order, I propose to dispose of EFA No.2/2002 titled Pawan Kumar and another versus State of Haryana and CRP No.369/2002 titled Gurdial Singh versus State of Haryana. In both the Appeal and the Petition, common question of law and arguments were raised.

(2.) Brief facts relevant for the purpose of decision may be noted. Union of India and State of Punjab in 1964 had filed Suit No. 310/2004 against ten persons for possession of land located in Khasra No. 111, 108, Vill. Sadhura Khurd, Delhi measuring about 1035 sq. yds. A site plan was attached to the plaint. It was stated that the said land belonged to Union of India and with the permission of Union of India, it was being used by the Irrigation Department of the State of Punjab. This suit was decreed by judgment and decree dated 30th April, 1968 which became final and binding as no appeal was filed against the same.

(3.) In 1966, State of Punjab was divided and State of Haryana, State of Himachal Pradesh and Union Territory of Chandigarh were carved out. For this purpose, Punjab Reorganisation Act, 1966 (hereinafter referred to as the Act, for short) was enacted. Sections 91 and 92 of the said Act are relevant for the purpose of deciding the controversy and issues raised in these two matters and are therefore reproduced below:- Section 91: