BHAG MAL Vs. RAM MURTI

JUDGEMENT

(1.) THIS is defendant's appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') challenging judgment and decree dated 11.10.1984 passed by the Additional District Judge, Sirsa, whereby the appeal of the plaintiff-respondent was accepted and the judgment and decree dated 25.5.1982 passed by the learned Sub Judge was reversed holding that the order dated 20.4.1978 passed by the defendant-respondent No. 4 i.e. Sub Divisional Officer (Civil), Sirsa exercising the powers of Prescribed/Allotment Authority under the Haryana Ceiling on Land Holdings Act, 1972 (for brevity, Rs.1972 Act') was null and void. As a consequence thereof, the suit of plaintiff-respondent Nos. 1 to 3 (now represented by their LRs) was decreed in their favour and defendant-respondent No. 4 was granted liberty to utilise the suit land afresh after completion of proceedings in accordance with the provisions of Section 14 of 1972 Act.

(2.) BRIEF facts of the case are that Bihari Lal was father of plaintiff- respondents, namely, Ram Murti, Manjit and Dhanraj. He died on 8.2.1978. He was declared a big land owner and accordingly vide order dated 31.8.1961 (P- 5), the Collector, Hisar declared 40.95 ordinary acres of his land as surplus. By another order dated 11.23.1963 (P-4) another area of 23.99 ordinary acres was declared as surplus. The aforementioned declaration was made in pursuance to the provisions of Section 2(3) of the Punjab Security of Land Tenures Act, 1953 (for brevity, Rs.1953 Act') which entitled the big landowner to retain a permissible area of 60 ordinary acres.

(3.) IT is pertinent to mention that defendant-respondent Nos. 4 and 5 (the official respondents) did not file any written statement and their defence was struck off. Defendant Nos. 6 to 8 who are the mortgagees did not contest the suit.