JUDGEMENT
L.N.MITTAL,J. -
(1.) PLAINTIFF Balwinder Singh having been non-suited by both the
courts below has filed this second appeal.
(2.) CASE of the plaintiff-appellant is that he along with other co- sharers is owner in possession of the suit land which was never acquired by
respondent no. 1-State of Haryana but the defendants threatened to dig
water channel/Rajbaha forcibly and illegally through the suit land. The
plaintiff sought permanent injunction restraining the defendants from doing
Regular Second Appeal No. 3862 of 2009 so.
The defendants denied the plaint averments and pleaded that the suit land had been acquired and mutation no. 770 was sanctioned
regarding the said acquisition. Irrigation channel known as Lukhi Minor
was constructed in the suit land in the year 1968 after necessary approval.
The said minor was also brick-lined under World Bank Aided Project in the
year 1982. Defendants are owners in possession of the suit land.
(3.) BOTH the courts below have dismissed the suit of the plaintiff who has, therefore, filed this second appeal.;
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