MISRO Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the first Appellate Court wherein the suit for declaration challenging the orders dated 5.8.1996 and 23.10.1996 passed by the Collector Agraian and the order dated 31.8.1996 by the Assistant Collector as illegal null and void was dismissed in appeal by the first Appellate Court holding that the jurisdiction of the Civil Court is barred.

(2.) THE plaintiff-appellant has purchased the land in dispute vide sale deed dated 27.4.1959 from Ganga Sahai and Bhim Singh after 30.7.1958 i.e. the appointed day under the Punjab Security of Land Tenures, Act, 1953, (hereinafter referred to as 'the Act') for determination of the surplus land of the big land owners. It was the case of the plaintiff that though the sale deed was registered on 27.4.1959 but it was in pursuance of an agreement of sale dated 19.5.1958. Therefore, on registration, the sale deed will relate back to the date of agreement of sale and thus the sale in favour of the plaintiff was before the appointed day under the Act.

(3.) THE said order was challenged by the defendant before the first Appellate Court. The first Appellate Court accepted the appeal of the defendant on the ground that the land vests with the State Government by operation of law and, therefore, the jurisdiction of the Civil Court is barred. Reliance was placed on a Supreme Court judgment reported as Azad Singh and others v. Dharampal and others, 1999(2) RCR(Civil) 139 (SC) : 1998(3) Latest Judicial Reports 603. The first Appellate Court also dealt with an objection raised by the plaintiff that the appeal against an order deciding the preliminary issue is not maintainable as the said order could be challenged only by way of a revision petition. The first Appellate Court held that since the jurisdiction of the Civil Court is barred, therefore, even if decree is passed by the Court is nullity and void and that the plaintiff has availed the remedy of appeal under the Haryana Act which was dismissed on 29.4.1999 during the pendency of civil suit; hence the finding of the trial court was set aside and the suit dismissed.