AMAR CHAND Vs. KISHAN SINGH

JUDGEMENT

(1.) Amar Chand, defendant has filed this appeal against a judgment and decree dated 20.8.1986, passed by Additional District Judge, Faridabad, by which the appeal filed by the appellant was dismissed and judgment and decree dated 24.10.1984 passed by, Sub Judge 1st Class, Palwal, was upheld.

(2.) Brief resume of the case is that the plaintiffs filed a suit against the defendants for possession of land measuring 41 Kanals 3 marlas mentioned, in para 1 of the petition.

(3.) It has been averred in the plaint that the land in question previously belonged to Ram Dayal, defendant No. 4, father of the plaintiffs, from whom it has devolved upon them, that defendant No. 4 was a small land-owner at the time of the commencement of the Punjab Security of Land Tenures Act, 1953; that Collector Agrarian, Palwal wrongly declared 41 Kanals 3 marlas land as surplus without affording the landowners an opportunity to show otherwise; that the plaintiffs became owners in possession of the said land in the year 1972 by virtue of a family settlement which was accepted by the Civil Court and a decree was passed; that on 24.1.1971, the appointed day under the Haryana Ceiling on Land Holdings Act, 1972, the total holding of plaintiffs and defendant No. 4 was not more than 441 Kanals and 14 marlas and no land was declared surplus by the Collector. That Amar Chand, defendant No. 3, claims that he is allottee in possession of the land in question; that he was put in possession of land in question on 2.1.1981 illegally and wrongfully and that the plaintiffs and defendant No. 4 were small landowners throughout and as such their land couldnot have been allotted to the said Amar Chand and given possession on 2.1.1981 as the land had also not been utilized, till then.