DEEP CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant Regular Second Appeal has been filed by the plaintiff against the judgment and decree passed by both the Courts below, vide which his suit for declaration declaring him owner of land in question and further restraining the respondents from dispossessing him from the same, was dismissed.

(2.) IN his suit, the appellant alleged that since 1960 he was in possession of the land in question measuring 57 Bighas 5 Biswas situated in village Bairan. On 10.3.1963, the land in question was allotted to him by Tehsildar (Sales) Bhiwani for a sum of Rs. 2,015/-. 1/4 of the said land (amount ?) was paid by the appellant at the time of auction and the remaining 3/4 amount was paid by him on 6.2.1964. Subsequently on enquiry, was found that out of the land sold to the appellant, 17 bighas of land was already allotted to another person and 5 bighas of land was in possession of some other person. Thus, it was found that the appellant was entitled to allotment of only 25 bighas 5 biswas of land. Thereafter, a proposal was sent for partly setting aside the aforesaid allotment in favour of the appellant to the Additional Settlement Officer (Sales). Thereupon, the Additional Settlement Officer (Sales) vide his order dated 9.5.1964 partly set aside the allotment and ordered for refund of Rs. 952/- to the appellant. Though the aforesaid amount was sent to the appellant but he declined to receive the same. However, the aforesaid order was challenged by the appellant before the Settlement Officer (Sales) by way of appeal. The said appeal was dismissed on 18.4.1968. Thereafter, the appellant filed a revision petition before the Deputy Secretary Rehabilitation-cum-Settlement Officer, Haryana, which was also dismissed on 20.8.1979. Civil Writ Petition filed by the appellant against those orders was also dismissed as withdrawn by this Court on 8.11.1979. Thereafter, the instant suit was filed by the appellant on 23.4.1980.

(3.) ON the pleadings of the parties, the following issues were framed by the learned trial Court :-