STATE OF HARYANA Vs. PUNNI

JUDGEMENT

(1.) STATE of Haryana has filed this Regular Second Appeal against the judgment and decree passed by both the courts below, vide which suit of the plaintiffs (respondents No. 1 and 2 herein) was decreed and it was held that the orders dated 12.1.1961 and 23.11.1961 passed by the prescribed authority under the provisions of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as 'the Act') declaring the disputed land, as surplus are illegal, null and void and not binding on the plaintiffs and defendants No. 2 to 8 (respondents No. 3 to 9 herein) were restrained from taking possession of the suit land through the agency of defendant No. 1-State (appellant herein).

(2.) THE brief facts of the case are that Smt. Rajo, daughter of plaintiff No. 1 and sister of plaintiff No. 2, had purchased the land in question for consideration from one Harphool vide registered sale deed dated 14.6.1958. Subsequently, the surplus proceedings regarding the land in question and other lands were initiated against Harphool under the provisions of the Act. In those proceedings, notice was issued only to Harphool and no notice was given to Smt. Rajo who had become owner of the land in question vide registered sale deed dated 14.6.1958. In pursuance of the notice, when Harphool appeared before the prescribed authority, he told regarding the sale of the land in question by him to Smt. Rajo. In spite of the said fact, no notice was issued either to Smt. Rajo or to the plaintiffs, who are her mother and sister, and the land in question was declared surplus vide orders dated 12.1.1961 and 23.11.1961. Subsequently, the same was allotted to defendants No. 2 to 8. When they tried to interfere into possession of the plaintiffs, the instant suit was filed alleging that the aforesaid orders are not binding on the plaintiff's as neither they nor their daughter and sister were heard and no notice was issued to them before passing these orders declaring the land in question as surplus area.

(3.) ON issue No. 1, it was held by both the Courts below that orders dated 12.1.1961 and 23.11.1961 are void. On issue No. 2, it was held that the civil court has the jurisdiction to entertain the suit, particularly when the impugned orders were passed without issuing any notice. The other issues were also decided in favour of the plaintiffs. On the basis of the said findings, suit of the plaintiffs was decreed. Hence, the instant appeal has been filed by the State of Haryana.