MANGE RAM SON OF RAM KISHAN SAINI BY CASTE, RESIDENT OF MOHALLAH SAINI VAS, ROHTAK Vs. TEK RAM SON OF KANIYA SAINI BY CASTE, RESIDENT OF MOHALLAH SAINI VAS, ROHTAK, AND ANOTHER

JUDGEMENT

(1.) BOTH the cases are connected and they raise common questions of law whether the Civil Court has jurisdiction to reopen the matters concluded under the provisions of Haryana Ceiling on Land Holdings Act of 1972.

(2.) BOTH the appeals arise out of two suits independently filed, one at the instance of Tek Ram in Civil Suit No.266 of 1980 and another at the instance of Maya Ram in Civil Suit No.26 of 1980 and later renumbered as 662 of 1982. Tek Ram's suit was dismissed on 07.06.1982 and Maya Ram's suit was originally decreed holding the order of the Commissioner, Ambala, to be invalid. The appeal by the State of Haryana against the decree in Civil Suit No.662 of 1982 filed by Maya Ram was heard in Civil Appeal No.286 of 1982 and it was allowed holding that the Civil Court had no jurisdiction. The appeal filed by Tek Ram to the Additional District Judge in Civil Appeal No.88 of 1982 was dismissed. Both these appeals are the subject matter of the second appeals. The source of title is the same and the facts narrated are the same.

(3.) THE basis of contention for the plaintiff seeking for exclusion of the property held by him was also that under Section 8(1) of the Haryana Ceiling on Land Holdings Act of 1972 excluded all transfers of land before 30.07.1958. Since Maya Ram's acquisition was prior to the date he was entitled to obtain exemption. The vesting of the property provided under Section 12(3) of the Haryana Ceiling on Land Holdings Act of 1972 did not make possible any vesting in favour of the State for properties alienated before 30.07.1958. The suit was filed at a time when the 2nd defendant as an allottee from the Government sought to disturb the plaintiff's possession.