- (1.)Leave granted.
(2.)This appeal is directed against the judgment dated 26.11.2007 passed by learned single Judge of the High Court of Punjab and Haryana in RSA No. 3720 of 2002.
(3.)The Appellant filed the suit in Civil Suit No. 66-C on the file of Additional Civil Judge, Sr. Division, Fatehabad, seeking declaration that he has prescribed title to suit land measuring 1 kanal 2 marlas in village Gorakhpur by adverse possession and a further declaration for setting aside the auction dated 6.4.1983 in favour of Moti Ram, predecessor-in-interest of Respondents 2 to 7 in respect of the suit land and for permanent injunction against the Defendants from taking possession of the suit land from him. The suit was contested by Respondent No. 1 and 2 herein namely State of Haryana that the suit land was owned by the custodian department and was auctioned in favour of Moti Ram on 6.4.1983 and the possession could not be delivered as the Plaintiff is in unauthorized occupation. Respondents 3 to 7 also contested the suit. The trial court on appreciation of oral and documentary evidence decreed the suit as prayed for, with costs. Respondent Nos. 1 and 2 herein challenged the same by preferring the appeal in Civil Appeal No. 2 of 2002 on the file of Additional District Judge, Fatehabad and the appellate court after hearing both sides allowed the appeal by setting aside the judgment and decree of the trial court and dismissed the suit. Challenging the judgment the Appellant herein/Plaintiff preferred second appeal in RSA No. 3720 of 2002 and the High Court held that no substantial question of law arises for consideration and it is open to the State to take possession of the suit land from the Plaintiff in accordance with law and thus disposed of the second appeal.