SONI BAI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This is the second appeal filed by plaintiffs assailing the judgment and decree dated 23.4.1987 passed by First Appellate Court/Additional District Judge, Narnaul thereby allowing the first appeal setting aside the judgment and decree dated 20.3.1984 passed by Trial Court and further dismissing the suit of the plaintiff for relief of possession. Brief facts of the present case are that plaintiff sought possession of land measuring 8 Biswas Khasra No.2853, the husband of the plaintiff Kishan Dass had migrated from West Pakistan and filed claims in respect of the properties left by him in West Pakistan in lieu of which he was allotted 5 standards acres, unit land in Narnaul and allotment was confirmed vide sanand allotment dated 19.4.1961 issued by Assistant Settlement Officer, Jalandhar. Subsequently allotment in favour of Kishan Dass was cancelled for non payment of 40% premium. On appeal filed by Kishan Dass assailing the RSA No.2651 of 1987 2 cancellation of allotment, Appellate Authority i.e. Assistant Registrarcum-Managing Officer Haryana vide order dated 25.4.1967 allowed the appeal and set aside the cancellation. Thereafter on restoration of allotment Kishan Dass died and could not obtain possession over 8 Biswa land/disputed property. Health Department Haryana included that 8 Biswa land in the boundry of Civil Hospital illegaly recently hence notice under Sec. 80 Code of Civil Procedure was also served.

(2.) The defendant in the written statement contested the suit stating that they had become owner by virtue of their adverse possession, Hospital was constructed in 1970 and inaugurated in 1973, suit is bad for want of mandatory notice under Sec. 80 Civil Procedure Code. The main averments of the plaint has been simply denied for want of knowledge.

(3.) Learned Trial Court has framed following issues: