JUDGMENT :

Abhay Manohar Sapre, J.

(1) This appeal is filed against the final judgment and order dated 18.11.2005 of the High Court of Punjab and Haryana at Chandigarh in R.S.A. No. 4083 of 2005 whereby the High Court dismissed the appeal filed by the appellants herein against the order dated 24.08.2005 of the Additional District Judge, Karnal in Civil Appeal No. 30 of 2005 affirming the judgment/decree dated 11.06.2002 of the Civil Judge (Jr. Division), Karnal in Civil Suit No. 226 of 2001.

(2) In order to appreciate the issues involved in the appeal, which lie in a narrow compass, few facts need mention infra.

(3) The appellant-the State of Haryana is the defendant. The respondent-Gram Panchayat of village Kalehri is the plaintiff.

(4) The dispute in the suit relates to the land measuring 36 kanals 15 Marlas comprised in Khewat No. 361 min/350m, Khatoni No. 536 min, Khasra No 59 Gair Mumkin Nala situated in village Kalehri, Tahsil Gharaunda, District Karnal (hereinafter referred to as “the suit land").

(5) The respondent filed a suit bearing Civil Suit No. 226 of 2001 against the appellants in the Court of Civil Judge (Jr. Division), Karnal. The suit was for a declaration that they are