HETA Vs. STATE OF HARYANA

JUDGEMENT

(1.) - This is plaintiffs' second appeal challenging the judgement and decrees of the courts below whereby their suit for declaration that they have become owners in possession of the suit land and further for a decree of permanent injunction restraining the respondents from interfering into their peaceful possession qua the suit land was dismissed.

(2.) As per the averments made in the suit, previously the suit lands were owned by one Kundan son of Kesaria who had inducted Khazan Singh and Tej Pal, predecessor-in-interest of the appellants as tenant on the suit land which was not fit for cultivation at the time of tenancy. The suit land was given on the understanding that they would RSA No.3587 of 2008(O & M) 2 make the suit land fit for cultivation and as long as they would continue to pay the land revenue and cess, neither they nor their successors-in-interest would be ejected from the suit land. The aforesaid Kundan died without any legal heir and therefore the suit land was escheated and the State of Haryana was declared to be owner of the same. Thus, there was a relationship of landlord and tenant between the parties. The plaintiffs were in cultivating possession of the suit land in the capacity of the tenants under the defendants-State for more than 40 years as stated above and therefore had become occupancy tenants and had acquired absolute ownership rights by virtue of the provisions of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953 and the defendants were having no right, title or interest whatsoever in the suit property. Since the defendants were threatening to dispossess the appellants illegally and forcibly and had refused to admit their claim, the necessity arose to file the present suit.

(3.) The suit was contested by the respondents admitting that Khazan and Teja were recorded to be in possession as Gair Marusi on the suit land in the jamabandi for the year 1966-67 and previously Kundan son of Kesaria was recorded as owner of the suit land. The State of Haryana succeeded to the same as the said land was escheated vide mutation No.302 sanctioned on 08.03.1968. It was further stated that the suit land was leased out to Sh.Khazan and Teja for the years w.e.f.1970-71 up to 1983. Thereafter, due to stay/injunction orders passed by the Civil Court the suit land could not be leased out to anybody else. It was further submitted that there was no express contract of cultivation between Kundan, Khazan and Tej Pal. Suit land was leased out to Khazan and Tej Pal being highest bidders. Denying the claim of the plaintiffs that they had become occupancy tenants the defendants prayed for dismissal of the suit.