HAWA SINGH Vs. HARYANA STATE

JUDGEMENT

(1.) THIS regular second appeal by plaintiff is directed against the judgment and decree dated 27.08.2009 passed by learned Additional District Judge, Panipat whereby appeal preferred by the respondents -defendants has been accepted, judgment and decree dated 03.11.2008 passed by learned Additional Civil Judge (Sr. Divn.), Panipat has been set aside and suit of plaintiff has been dismissed.

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

(3.) UPON notice, defendant No. 1 resisted the suit and filed written statement taking preliminary objections that suit is not maintainable; that suit has been filed against Haryana State through Naib Tehsildar -cum -Assistant Collector -IInd Grade, Madlauda, District Panipat which is against the law and provisions of CPC; that suit has been decreed merely to the extent that the suit land does not vest in Gram Panchayat, whereas, it has not been recorded that plaintiff is the owner in possession of the suit land. On merits, it was denied that the plaintiff is owner in possession of the suit land. It was pleaded that Assistant Collector -Ist Grade merely observed that suit land does not vest in Gram Panchayat, therefore, in view of abovesaid observation, mutation cannot be sanctioned in favour of the plaintiff as owner. Other averments in plaint were denied and dismissal of suit was prayed for.