JIA LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) These two appeals arise out of a common judgment dtd. 19/12/2002 of the learned Addi onal District Judge, Karnal (herea er "First Appellate Court"). The appeals are (i) by the plain ff- Jia Lal (RSA-693- 2003), and (ii) by the defendants - State of Haryana and Others (RSA-2443- 2003). The First Appellate Court disposed of the appeals arising out of the judgment of the trial Court dtd. 13/2/2002.

(2.) Brief facts (plain ff): The plain ff purchased 10 Kanal 16 Marla by a restricted auc on dtd. 11/8/1994 for 85,500/- conducted by (Teh- sildar Sales), Karnal defendant N: 4. The sale was confirmed by the Addi- onal Se lement Officer (Sales), Karnal on 2/1/1995. Receipts Ex.P-1 and Ex.P-2 show deposit of 1/8th amount. Possession of 4 Kanal 0 Marla was delivered to the plain ff on 10/3/1996. The remaining 6 Kanal 16 Marla al- legedly remained in illegal possession of defendants N: 2, 3 & 5 (respond- ents), because a drain known as Indri Escape had been dug thereon and the Forest Department had planted trees on that area. The plain ff claimed tle, possession and ownership of 40 trees standing on the said area and prayed for decree of declara on, possession, injunc on and costs.

(3.) Defence : Defendants (Irriga on Department, Forest Depart- ment and State) pleaded that the disputed area formed part of the drain/ Indri Escape and had been used as such for many years; that trees were planted by the Forest Department in exercise of statutory/administra ve powers as per no fica on dtd. 3/3/1972. The State and departments claimed that the land and trees were not alienable by auc on and that the plain ff's sale could not confer the rights claimed. Defendants No.2 & 3 ad- di onally raised preliminary objec ons as to locus, maintainability, non- joinder and adverse possession.