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2024 Supreme(SC) 586

VIKRAM NATH, K. V. VISWANATHAN
State of Punjab – Appellant
Versus
Bhagwantpal Singh Alias Bhagwant Singh (Deceased) Through Lrs. – Respondent


Advocates appeared:
For Petitioner(s) Mr. Sanjay Hegde, Sr. Adv. Mr. Karan Sharma, AOR Ms. Bhakti Pasrija, D.A.G.
For Respondent(s) Ms. Supriya Juneja, AOR

JUDGMENT

Vikram Nath, J.

Delay condoned.

2. Leave granted.

3. This appeal, by the State of Punjab assails the correctness of the judgment and order dated 14.09.2018 passed in RSA No.447 of 2004 (O & M), whereby the High Court of Punjab & Haryana at Chandigarh allowed the second appeal of the plaintiff-respondent, set aside the judgment and decree of the First Appellate Court, and restored the judgment and decree of the Trial Court decreeing the suit for possession.

4. The dispute relates to land admeasuring 2176.6 sq. yards located in Khewat No.702/1146/Khasra No.116/26/2/15 situated at Samana, Tehsil-Samana, District-Patiala (hereinafter referred to as the "land in suit"). According to the appellant, the land in suit belonged to one Shri Inder Singh, predecessor in interest of the respondents. Shri Inder Singh had donated the land in suit to the appellants for the construction of a Veterinary Hospital in 1958 and had also handed over the possession of the same. The appellant-State constructed a veterinary hospital over the land in suit in 1958-1959. The Veterinary Hospital has been existing and is functional over the land in suit ever since. During his lifetime, Shri Inder Singh never

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