BABU LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant-plaintiff is aggrieved of the concurrent findings of facts and law, whereby, suit for declaration and permanent injunction seeking declaration of path of three karam, i.e.16.5 feet for the un-acquired land of the plaintiff with consequential relief restraining the defendants from raising any construction on the acquired land, has been dismissed.

(2.) Mr. Rajat Mor, learned counsel for the appellant-plaintiff submits that appellant-plaintiff had owned the land bearing killa nos.23 and 22, out of which 12 kanals 15 marlas was acquired.

(3.) There was a pucca road which has been acquired and therefore, the declaration was sought. Certain documents could not be placed on record, but however, on two occasions, adjournments have been sought to place on record the same. The plaintiff has been unable to prove the existence of the passage before the acquisition and on acquisition, remaining land has been left un-usable. This fact has not been noticed by both the Courts below and prays for setting aside of judgments and decrees of the Courts below. Thus, there is illegality and perversity in the findings rendered by both the Courts below, much less, substantial question of law arises for adjudication of the present appeal.