SHIV HARI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This Regular Second Appeal at the instance of the appellant-plaintiff, is directed against the judgment and decree of the lower Appellate Court, whereby, the judgment and decree dated 11.11.1986 of the trial Court, has been reversed.

(2.) Before adverting to the arguments submitted by learned counsel for the parties to the lis, it would be apt to refer brief facts of the case which resulted into filing of the suit.

(3.) Shiv Hari alleging himself adopted son of Lalti, filed the suit seeking injunction in respect of the property measuring 826 kanals 18 marlas, situated within the revenue estate of village Pangaltoo, Tehsil Palwal, District Faridabad by alleging, that he has one half share in the land aforementioned on account of inheritance from Smt. Lalti widow of Gokal. It has further been averred that the mutation vide order dated 21.05.1960 in respect of the land had already been sanctioned in favour of the plaintiff. Smt. Lalti, mother of the plaintiff, died on 28.05.1959 in the aforesaid village. The aforementioned land, according to the averments made in the plaint, was never declared surplus by any competent authority or office either during the life time of Lalti or in the knowledge of the plaintiff.