HARYANA STATE Vs. BASTI RAM

JUDGEMENT

(1.) The State of Haryana has filed the present regular second appeal against the judgment and decree of the District Judge, Bhiwani dated 19.5.1980 whereby the appeal of the plaintiff-respondent was accepted and it was held that the property left behind by Data Ram would not escheat to the State of Haryana.

(2.) Briefly, the facts are that Basti Ram, Plaintiff-respondent filed a suit for declaration to the effect that he is the owner in possession of the suit land situated in village Umrawas. He claimed to be the grandson of Data Ram, the original owner. The following predigree table is necessary to appreciate the facts of the case :-

(3.) Thus, the whole case revolves around the various judicial circulars of Jind State with regard to succession. The trial Court vide its judgment dated 16.8.1978 dismissed the suit filed by the plaintiff. However, the appeal was accepted by the learned District Judge, Bhiwani vide judgment dated 19.5.1980. It is against this judgment that the present appeal has been filed. Circular No. 24 dated 11.8.1900, circular No. 30 and circular No. 275 are the relevant circulars for this purpose, which are reproduced as under :