BIRMATI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Plaintiff Birmati, having been non-suited by both the courts below, has filed this second appeal. Case of the plaintiff is that suit land measuring 16 kanals 11 marlas was allotted to displaced person Kapoor Singh by Haryana Government vide notification dated 24.03.1995 and vide Sanad (Conveyance Deed) dated 21.09.1995. The plaintiff purchased the suit land from the said allottee vide sale deed dated 28.09.1995 for Rs. 85,000/-. Plaintiff accordingly became owner in possession of the suit land. However, allotment of suit land to Kapoor Singh was cancelled by defendant no. 2 - The Chief Settlement Commissioner, Haryana, vide order dated 24.12.2001. The said order has been challenged in the suit as being null and void because the same was passed without granting opportunity of hearing to the plaintiff. It was also pleaded that plaintiff is bona fide purchaser of the suit land for valuable consideration.

(2.) Defendants denied the plaint averments and pleaded that Kapoor Singh had died on 12.09.1951, and therefore, allotment of suit land to him in the year 1995 was null and void and was rightly cancelled vide order dated 24.12.2001. Various other pleas were also raised.

(3.) Both the courts below have dismissed the suit of the plaintiff, who has, therefore, filed this second appeal.