RAVI SACHDEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) INSTANT regular second appeal has been preferred by the appellants -plaintiffs against the judgment and decree dated 17.01.2008 passed by learned Additional District Judge, Fast Track Court, Gurgaon whereby judgment and decree dated 22.05.2007 passed by learned Civil Judge (Junior Division), Gurgaon has been set aside and suit of the plaintiffs for declaration with consequential relief of permanent injunction has been dismissed.

(2.) FOR convenience sake, hereinafter parties will be referred to as they are arrayed in the Court of first instance i.e. appellants as plaintiffs and respondents as defendants.

(3.) THE detailed facts are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, brief facts relevant for disposal of this second appeal are that plaintiffs filed a suit for declaration with consequential relief of permanent injunction on the ground that they are owners in possession of the land bearing khewat No. 605, khata no. 727 Rect. No. 43, Killa No. 12/1 and 12/2, measuring 8 kanals situated within the revenue estate of Village Harsaru, Tehsil and District Gurgaon on the basis of registered sale deed dated 21.12.1995 executed by Smt. Sumitra Devi and Naresh Chand etc. Since then, the plaintiffs are continuing owners in possession of the suit land. Mutation was sanctioned on 06.09.1996 on the basis of sale deed dated 21.12.1995. It was alleged that defendants without giving any notice and without affording any opportunity of hearing, rejected the mutation without any sufficient cause. It was further alleged that land was never utilized by the Haryana State nor it could be utilized. The land could not be considered as surplus area of the vendors of the plaintiffs under Punjab Security Land Tenures Act or under any other Act. Order of declaration of surplus area or any other order declaring the land to be vesting in Haryana State are without jurisdiction, null and valid.