SUCHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This regular second appeal by plaintiff is directed against the judgment and decree dated 15.01.1987 passed by learned Additional District Judge, Kurukshetra, whereby the judgment and decree dated 02.11.1983 passed by learned Sub Judge IInd Class, Kurukshetra, has been set aside and the suit of the plaintiff for declaration and possession, has been dismissed.

(2.) For convenience sake, reference to parties is being made as per their status in the civil suit.

(3.) Upon notice defendant State filed written statement taking various preliminary objections. On merits, it was admitted that deceased Telu was the owner of the suit land but the area given in the suit land is wrongly mentioned as 62 kanals by the plaintiff, in fact, the area is 64 kanals 1 marla. Plea of the plaintiff that deceased Telu was having land at villages Tangoli and Nalvi apart from the suit land was denied for want of knowledge. It is further admitted that mutation of the land measuring 64 kanals 1 marla previously standing in the name of deceased Telu was sanctioned in favour of the defendant State as Telu had died without leaving any heirs. Claim of the plaintiff being grandson of Telu was denied. Plaintiff filed replication to the written statement denying the averments in the written statement and reiterating the averments in the plaint.