STATE OF HARYANA Vs. RAM CHANDER

JUDGEMENT

(1.) Defendants no. 1 and 2 (State of Haryana and Tehsildar Sales) are in second appeal.

(2.) Respondents/plaintiffs filed suit against the appellants as defendants no. 1 and 2 and against Municipal Committee, Nilokheri defendant no. 3 (not party to the instant second appeal). Policy of Government was published in newspaper dated 24.7.1988 inter alia to the effect that persons in illegal possession of land belonging to Rehabilitation Department of the State on or before 1.1.1982 and having raised substantial construction were entitled to purchase the same at reserve price. Pursuant thereto, the plaintiffs who claimed to be in possession of the suit land measuring 2 kanals 2 marlas for the last more than 40 years and having constructed their houses thereon, applied through Dhanak Sabha to the State for transfer of the suit land to them under the said policy. Since the defendants did not accept the request of the plaintiffs, suit was filed by the plaintiffs seeking declaration that they are owners in possession of the suit land pursuant to the aforesaid policy.

(3.) Defendants no. 1 and 2 resisted the suit and inter alia pleaded that Dhanak Sabha applied for transfer of the suit land by way of negotiation and after considering the request of Dhanak Sabha, the application was filed (rejected) by the competent authority as Dhanak Sabha has no legal right in the suit property. It was thus pleaded that the plaintiffs are liable to be evicted from the suit property and the aforesaid policy (dated 11.7.1988) is not applicable to the plaintiffs as they did not give their consent within stipulated period of 10 days after service of notice dated 20.11.1991.