MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) MOHINDER Singh - one of the legal representatives of plaintiff No. 1, having failed in both the courts below, has filed the instant second appeal.

(2.) PLAINTIFFS in the suit challenged order dated 28.02.1994 passed by Collector, Sirsa, as modified vide order dated 29.11.2000 thereby declaring suit land measuring 109 kanals 09 marlas to be surplus in the hands of Surinder Singh - big land owner (since deceased and represented by defendants No. 4 to 6).

(3.) DEFENDANTS No. 4 to 6 admitted the claim of the plaintiffs. Defendants No. 1 to 6 contested the suit and broadly denied the plaint allegations. It was pleaded that Surinder Singh, who was big land owner, died without filing the declaration under the Tenures Act. Accordingly, after his death, Tehsildar, Sirsa filled up the declaration and forwarded it to the prescribed Authority under Section 10 of the Ceiling Act. Prescribed Authority passed order dated 23.10.1988 under the surplus proceedings. However, on appeal preferred by tenant Harbans Singh, said order dated 23.10.1988 was set aside vide appellate order dated 07.03.1990 and the case was remanded to Special Collector for fresh decision. Thereafter, suit land was declared surplus vide impugned order dated 28.02.1994. In appeal preferred by defendants No. 4 to 6, Commissioner, vide order dated 13.01.1995, remanded the case to Special Collector, who again decided the case vide order dated 28.11.1996. However, on account of some ambiguity found in the list of area supplied by tenant, Special Collector issued revised Form 'F' vide order dated 29.11.2000. Various other pleas were also raised.