STATE OF HARYANA Vs. HARI OM

JUDGEMENT

(1.) The present regular second appeal has been preferred by the State of Haryana against the judgment and decree dated 212.1985 delivered by the Court of Addl. District Judge, Sirsa, whereby the judgment dated 20.1.1983 passed by the Sub Judge, IInd Class, Sirsa, was affirmed.

(2.) The present case was admitted for regular hearing on 20.8.1985.

(3.) The facts giving rise to the present case are that the plaintiff filed a suit for declaration to the effect that in view of Punjab Occupancy Tenant (Vesting of Proprietary Rights) Act, 1952 he became owner of the suit land and the entries in the revenue, record showing the plaintiff to be Tenant are liable to be corrected. The plaintiff also sought declaration to the effect that the order dated 28.12.76 passed by the Prescribed Authority, Sirsa is wrong, against law and facts and is liable to be set-aside on the ground that he and his predecessors had been cultivating the suit land since time immemorial on payment of fixed cash rent, as there was paucity of cultivators in the village and thus, the predecessors of the defendant No. 2 gave the suit land for cultivation to the predecessors of the plaintiff. At that time it was agreed by the predecessors of the defendant No. 2 that they may continue paying cash rent and make the land cultivable and in case they do not commit fault, they would not be dispossessed. That as per custom the plaintiff has acquired the right of occupancy Tenant. However, the Prescribed Authority, Sirsa vide order dated 28.12.76, allotted the suit land in favour of defendant No. 3 to 9 when in fact the suit land was not surplus. An application under Section 80(2) C.P.C. was also filed with the suit, the suit was registered and notice of the same was given to the defendants.