( 1 ) DELAY condoned.

( 2 ) LEAVE grained.

( 3 ) THIS appeal is directed against the judgment and final order dated 22nd of march, 2004 passed by the High Court of Punjab and Haryana at Chandigarh in civil Revision No. 3801 of 2002 whereby an order dated 18th of January, 2000 of the learned Civil Judge, Jallundhar, dismissing a suit for declaration and permanent injunction of the appellant, was affirmed.

( 4 ) ORIGINALLY, the suit properties stood in the name of Ishar Singh (paternal grandfather of the appellant) which was subsequently mutated in the name of his two sons, S. Hazara Singh and S. Kirpal Singh. Late S. Kirpal Singh was the father of the appellant. Late S. Kirpal Singh died leaving behind some properties, both movable and immovable comprising agricultural land measuring 48 Kanal 10 Marlas situated at Jallandhar a residential house bearing No. 148, Sector 27a, Chandigarh and two deposits of Rs. 20,000/- and Rs. 10,000/- respectively (hereinafter referred to as "the suit properties" ). According to the appellant, the suit properties left behind by late S. Kirpal Singh were their ancestral properties. After eight years of the death of late S. Kirpal Singh, the responde