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RSA-1295-2020 (O&M) - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

121 RSA-1295-2020 (O&M)

Date of decision: 22.12.2025

Ram Kumar and others ...Appellant(s)

Vs.

State of Haryana and others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Krishan K. Chahal, Advocate for the appellants.

***

NIDHI GUPTA, J.

Present second appeal has been filed by the plaintiffs against

the concurrent judgments and decrees of the learned Courts below,

whereby suit filed by the appellants for declaration and injunction, has

been dismissed by both the Courts below.

2. Brief facts of the case are that the appellants had preferred

the instant suit claiming themselves as owners in possession of the suit

land measuring 172 K 8 M as described in the head note of the plaint. A

further prayer for relief of injunction has also been made that defendants

No. 1 to 3 and its ofÏcials be restrained from interfering, taking forcible

possession of the suit land. It was the pleaded case of the plaintiffs that

they are the sons of Jogi Ram; defendant No.4 is the widow of Jogi Ram;

and defendants No. 5 to 8 are the daughters of Jogi Ram. It was pleaded

that suit land was received by Jogi Ram by way of partition with his

brothers vide Rapat No. 202 dated 22.02.1970 and since then, plaintiffs

have been in cultivating possession of the same. Defendants No. 1 to 3

DIVYANSHI

2025.12.23 17:23

I attest to the accuracy and

integrity of this document

RSA-1295-2020 (O&M) - 2 -

had come to their lands and started demarcating the land measuring 100K

7M out of total land measuring 172K 8M by stating that it was declared

surplus by the then SDO (Civil)-cum-Surplus OfÏcer, Hisar vide order dated

18.10.1977 (wrongly mentioned as 18.10.1973 in the plaint), pursuant to

which Mutation No. 1778 dated 08.03.1984 was sanctioned in favour of

the State regarding much more land than 100K 7M. Thereafter another

Mutation was sanctioned in favour of defendants i.e. Haryana

Government on dated 16.03.1991. It was pleaded that defendants No.1 to

3 declared that plaintiffs are duty bound to surrender vacant possession of

the land in favour of defendants No.1 to 3, as they are wrongly coming in

possession of the said surplus land. It was pleaded that thereafter,

plaintiffs had obtained orders and Mutations from the Patwari and come

to know about the order dated 18.10.1973 sic 1977 and the Mutations

which had been passed without prior notice to the plaintiffs or their

predecessor Jogi Ram. It was further pleaded that plaintiffs are owners in

possession of land measuring 100K 7M of land or any other land shown in

Mutation No. 1778 and they are in continuous, hostile and peaceful

possession and that have also become owners by way of prescription

possession and the title of this land measuring 172K 8M was perfected by

way of transcription and they are entitled to get their names incorporated

in the revenue record regarding the said land measuring 172K 8M as

owners in possession; and the order alongwith Mutations are wrong,

illegal, null and void and are not binding upon the rights of the plaintiffs. It

was further pleaded that on 11.10.2013, ofÏcials of defendants No.1 to 3

DIVYANSHI

2025.12.23 17:23

I attest to the accuracy and

integrity of this document

RSA-1295-2020 (O&M) - 3 -

had come to the spot and had threatened to take forcible possession of

land measuring 100K 7M. With these pleadings suit was filed on

15.10.2013.

3. On the basis of pleadings of the parties, following issues were

framed vide order dated 29.05.2014:-

“1. Whether the plaintiffs are entitled to the declaration to the

effect that they are entitled to get their names incorporated in

the revenue record regarding total land measuring 172 K 8 M

as well as consequential relief of injunction as prayed for in the

head note of the plaint? OPP

2. Whether the suit of the plaintiffs is false, frivolous and

Vexatious? OPD

3. Whether the suit of the plaintiffs is time barred? OPD

4. Whether the plaintiffs have no cause of action to file the

present su