BALBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CM No. 13542-C of 2011 Application is allowed as prayed for. RSA No. 4652 of 2011

(2.) PLAINTIFFS Balbir Singh etc. (including legal representatives of plaintiff No. 2-Amar Chand since deceased) have filed this second appeal, having been non-suited by both the Courts below.

(3.) ONLY the legal heirs of defendant No. 2 contested the suit. They pleaded that they are owners as well as in possession of the suit land. Plaintiffs and proforma defendants or their predecessors have never cultivated it. Earlier, Pehlad-defendant No. 2 was owner in possession of the suit land and after his death, his heirs are cultivating it. Plaintiffs have no concern with the suit land. It was also pleaded that the suit land was wrongly declared surplus by Prescribed Authority. The contesting defendants have already made application for exempting it from surplus area. Various other pleas have also been raised.