AZAD Vs. DHARAMPAL

JUDGEMENT

(1.) The appellants are the allottees of the lands which had been declared surplus in the year 1960 under the provisions of the Pepsu Tenancy Agricultural Lands Act, 1955. The plaintiffs-respondents (hereinafter referred to as "respondents") are the heirs of the original landholder Ganga Sahai who died on 17/5/1967.

(2.) It appears that the State government allotted the lands in question in the year 1980 to the appellants treating them as landless. In the same year suit was filed on behalf of the respondents, alleging that the declaration of the lands as surplus was not complete because the said lands had not been utilised and as such no allotment could have been made in favour of the appellants. That suit was decreed by the trial court. The appeal filed on behalf of the appellants was dismissed. The High court dismissed the second appeal filed on behalf of the appellants.

(3.) In this appeal the judgment and decree of the trial court, court of appeal and the High court have been challenged.