CAPT. JAGE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) By virtue of the impugned proceedings, a property in an extent of 1366 kanals and 4 marlas had been treated as surplus under the Haryana Ceiling on Land Holdings Act of 1972, treating the whole as belonging to Shri Chattar Singh, resident of Village Padha. An application for review of this decision taken by the prescribed authority (Sub Divisional Officer, Karnal), was filed by certain persons claiming themselves to be the joint owners of the property. Such ownership as obtaining on 299 persons, had been declared in a Civil Court decree in Civil Suit No. 224 of 1969 before the learned Sub Judge, 3rd Class, Panipat, on 21.01.1972 but an order had been passed rejecting the application stating that there was no power to review. The revision had been filed before the Commissioner, Ambala Division, by the petitioners, who had applied for review and the revision was also dismissed. A still further revision has also filed before the Financial Commissioner, Haryana, which was also dismissed. The petitioners are before this Court contending that the property had been declared as surplus treating Chattar Singh, who was only a co-proprietor, as the absolute owner of the whole extent of lands when there was a Civil Court's declaration that Chattar Singh was only a co-proprietor with 299 persons.

(2.) The learned Counsel appearing on behalf of the petitioners states that Chattar Singh was the first defendant in a Civil Suit No. 224 of 1969 before the Sub Judge, 3rd Class, Panipat, for a declaration that the decree which had been passed on 25.06.1956 earlier at the instance of Chattar Singh and 4 others was in a representative capacity on behalf of 299 persons and the decree himself therefore should be understood as enuring to the benefit of all the 299 proprietors. This suit had been decreed and the Civil Court held that the property belonged to all the persons on whose behalf the earlier suit had been filed. Still later, Manga Ram and 4 others filed another suit in 1974 before the Sub Judge, 1st Class, Panipat, that they were the owners of the property measuring 7475 kanals and 1 marla comprised in khewat No. 413, situated in Village Padha and that suit was also dismissed on 27.10.1986, making reference to the fact that the plaintiffs in that case, were estopped from challenging the proprietors' right that was upheld in the earlier decree dated 21.01.1972.

(3.) It appears that Chattar Singh, who one of the plaintiffs in the first suit in the year, 1952 had given a declaration that he was the owner of the property of the entire extent on the basis of which the proceedings had been taken to declare the properties as surplus beyond ceiling area. An application for review of this decision was filed by 5 persons as representatives for 299 persons in whose favour the mutation No. 1392 had been sanctioned. The application for review had not been rejected on the ground that the properties over which the petitioners were staking a claim were not held by them in joint ownership and that the property was not covered by the earlier decree. On the other hand, the authority dismissed it on the ground that he had no power to review. In the revision to the Commissioner, he observed that there was no mention of the khasra numbers and they had not even identified the order which was sought to be reviewed. A still further revision was also rejected On the same grounds.