ORDER

1. This appeal is preferred by the" State of Haryana and its Executive Engineer impugning the order passed by the High Court dismissing the second appeal which was also preferred by the appellants herein.

2. The controversy involved is short. The dispute relates to the agricultural land comprising in Khewat No. 183, Khata No. 271, Rect. and Killa Nos. 99/3-5 and 10 1/2-12 situated in Warpur tehsil, District Sonepat. The respondent Satpal is said to be the owner of the land to the extent of 2/3 share which in all measures 5 kanals 17 marlas. There is no dispute about the fact that the entry of ownership has been in the name of Satpal. However, according to Satpal, the State of Haryana encroached upon a portion of the land described above to the extent of 4 kanals 4 marlas. Ultimately, Satpal came to know about the fact of possession of the State on 2-9-1980 and hence sent a notice under Section 80 CPC to the State of Haryana on 18-81981. In reply to the notice under Section 80 CPC Defendant 3, the Executive Engineer made a query from the plaintiff seeking particulars of the acquisition of the land by the State. Satpal obviously had not been in a position to supply any such inf