BRIJ LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS as well as three other connected writ petitions (C.W.P. Nos. 6393 to 6395 of 1999) raise identical issues concerning a long standing dispute between a landowner and his tenants. It may be appropriate to give the basic facts of the case before adverting to the orders which have been passed by the various courts below and which have been challenged by the petitioners.

(2.) ONE Pat Ram was a displaced person, who was allotted a considerable area of land in Sakta Khera, Tehsil Sirsa, District Hissar (now Tehsil Dabwali, District Sirsa) in 1949. At the time of Pat Ram's death on February 7, 1966 he was survived by his six sons namely Sohan Lal (61), Brij Lal (58), Hazari Lal (55) Ami Lal (52), Dhonkal Ram (49) and Shankar Lal (46). During his life time Pat Ram was found to hold 63.32 standard acres as surplus area under the Punjab Security of Land Tenures Act, 1953, vide orders dated July, 26, 1961 passed by the Collector, Surplus area. Pat Ram had filed an appeal before the Commissioner, but it was not pressed and was dismissed on July 24, 1962. The main argument of the petitioners, who are Pat Ram's sons and successors-in-interest, is that after Pat Ram's death his sons shall derive the benefit of Section 10-A(b) of the Act, which would lead to the devolution of Pat Ram's entire holding by inheritance upon his six sons on the date of his death which was much prior to the coming into force of the Haryana Ceiling on Land Holdings Act, 1972 on December 23, 1972.

(3.) IT is in the above factual backdrop that the legal position and the pleadings of the parties deserve to be considered. According to the petitioners they had filed a suit for declaration before the Subordinate Judge Ist Class, Sirsa on June 16, 1958 seeking a declaration to the effect that they were the owners and proprietors in equal shares of 390 bighas 1 biswa of land comprising specific khasra numbers and on that basis a decree had been passed on June 18, 1958 (Annexure P-1), leading to mutation being recorded on December 29, 1958 (Annexure P-2). It may be mentioned that during arguments this point did not come up and consequently it does not have a bearing on the issues raised in these petitions.