FAQURIYA Vs. NOOR DEEN

JUDGEMENT

(1.) THIS is revision against the order dated 2.4.1998 passed by Additional District Judge, Jagadhri whereby he set aside the order dated 31.1.1996 passed by Additional Civil Judge, Senior Division, Jagadhri whereby he had refused to grant temporary injunction to Noor Deen and others palintiffs restraining defendant No. 1 State of Haryana; defendant No. 2 Sub Divisional Officer (C) Jagadhri as Prescribed Authority under the Haryana Ceiling on Land Holding Act and defendant No. 3 Naib Tehsildar Agrarian, Jagadhri from delivering the possession of the land in dispute to Faqiria defendant No. 4 and one Rulia in execution of the allotment order dated 20.4.1979 passed by Sub Divisional Officer (C) Jagadhri (Prescribed Authority) under the Harayna Ceiling on Land Holdings Act regarding land measuring 21 Kanals situated in the revenue estate of Villages Bhangera Bhangeri/Bhagpat Hadbast No. 9 as per Jamabandis for the years 1964-65, 1972-73 and 1992-93 Tehshil Chhachhrauli District Yumuna Nagar in favour of Faqiria and Rulia.

(2.) NOOR Deen, Mehar Deen and Umar Deen filed suit for declaration against the State of Haryana and others to the effect that the allotment letter dated 20.4.1979 passed by SDO (Civil) Jagadhri defendant No. 2 regarding land measuring 21 Kanals in favour of Faqiria and Rulia was illegal, null and void and ineffective and not binding on them as they are in possession since before Kharif 1968 and had preferential right of allotment as per utilisation Scheme of surplus land formulated in the year 1976 and for permanent injunction restraining the defendants from interfering in any manner whatsoever in their possession in execution of any order passed by SDO (Civil) Jagadhri and also restraining defendants 1 to 3 from delivering possession of the said land to Faqiria defendant No. 4 and one Rulia on the basis of the said allotment order. It was also prayed by them that defendants 1 to 3 be directed to allot the said land to the plaintiffs in terms of Haryana Ceiling on Land Holdings Act and the Haryana Utilisation of Surplus and Other Area Scheme, 1976 framed by the government. It was alleged in the plaint by the palintiffs that they have been cultivating the said land as tenants firstly under big landowner Gurdial Singh and after it vested in the State Government, they have been cultivating under the State Govt. Gurdial Singh was a big land-owner owning much property. His property including the land in suit was declared surplus under the Punjab Security of Land Tenures Act, 1953. This land was allotted to them temporarily being tenants thereon. They have been cultivating the said land on 1/3rd batai since 1963. After some time, the suit land was allotted to Faqiria and Rulia without any notice to them. They filed application dated 24.1.1995 before SDO (Civil) Jagadhri (Prescribed Authroity under the Haryana Ceiling on Land Holdings Act) claiming themselves to be eligible allottees falling in category E of the scheme of allotment of surplus land. Noor Deen etc. challenged the said allotment order saying that the same was passed secretly in their absence and without any notice to them and, therefore, the same was illegal and without jurisdiction. No decision was taken on their application dated 24.1.1995 by the SDO (Civil) Jagadhri (Prescribed Authority under the Haryana Ceiling on Land Holding Act). Alongwith the plaint, they prayed for the grant of temporary injunction restraining defendants No. 1 to 3 from delivering possession to Faqiria and Rulia.

(3.) VIDE order dated 31.1.1996, Additional Civil Judge, Senior Division, Jagadhri declined the plaintiffs' prayer to the grant of temporary injunction.