R.L.Anand, J.

1. State of Punjab has filed the present regular second appeal against Shri Tarlochan Lal son of Shri Ram Lal and it has been directed against the judgment and decree dated 3.10.1979, passed by the Court of District Judge, Patiala, who set aside the judgment and decree dated 28.10.1978, passed by the Sub Judge, 2nd Class, Patiala, who dismissed the suit of Shri Tarlochan Lal for declaration and injunction as prayed for.

2. The pleadings of the parties can be summarised in the following manner. Shri Tarlochan Lal son of Shri Ram Lal, filed a suit for declaration that he is the owner of the House No. 696 along with Cheubara, as described in the heading of the plaint and situated at Amloh, and that it is not liable to be attached and sold in case of recovery by the Excise Department from the father of the plaintiff, and for permanent injunction for restraining the defendants from attaching or selling the aforesaid house and chaubara or interfering in the ownership and possession of the plaintiff.

3. The case set up by plaintiff was that he is the owner and in possession of the said house and Cahubara under a registered gift-deed dated 4.11.1968 executed in his fa