SARUPA Vs. PANCHAYATI AKHARA

JUDGEMENT

(1.) By way of present appeal, defendants/appellants are assailing the judgment and decree passed by the learned trial Court dated 18.8.1977 decreeing the suit of the plaintiff/respondents, declaring order of the Collector (Agrarian) dated 15.3.1961 and all subsequent orders passed as illegal, void and without jurisdiction, and therefore, cannot affect the rights of the plaintiff and further holding that plaintiff is entitled to recover land in dispute from the defendants. First Appellate Court's judgment dated 08.02.1980 thereby dismissing the appeal by confirming the findings recorded by the trial Court is also under Challenge in this appeal.

(2.) The brief facts of the present case are that Panchayat Akhara Kala Bara Udasian (plaintiff) was holding land measuring 1468 Bighas 3 Biswas in the year 1953 in village Bhawani Khera, Tehsil Thanesar. Collector, Agrarian vide his order dated 15.3.1961 declared 145 st. acres of land as surplus, leaving 30 st. acres for self-cultivation of the Akhara. Plaintiff by filing a suit challenged the order of the Collector and contended that order was passed ex- parte and therefore, the same is illegal, void and without jurisdiction. Plaintiff also contended that area measuring 356 bighas 3 biswas being Banjar Qadim on 15.4.1953 i.e. the appointed day, did not fall within the definition of 'land' as described under the Punjab Security of Land Tenures Act (hereinafter referred to as the Act) and the same was wrongly considered for the assessment of surplus area. Plaintiff also challenged the order of the Authority allowing application under Section 18 of the Act filed by defendants 4 to 22 for the purchase of suit land being the tenants. On notice, defendants contested the suit. In the written statement filed by Haryana State, certain preliminary objections were taken, including the one in regard to suit being barred by time. Defendants contended that order of Collector dated 15.3.1961 and subsequent order passed by S.D.O.(Civil) and Naib Tehsildar were legal and they cannot be challenged in Civil Court. On the pleadings of the parties, the following preliminary issues were framed on 6.8.1968 :-

(3.) Thereafter, on 15.3.1969, the following issues on merits were framed :-