GUJJAR SINGH Vs. KAUR SINGH

JUDGEMENT

(1.) THIS is defendants' regular second appeal against the judgment and decree of the Addl. District Judge reversing the judgment and decree of the trial Court whereby the suit of the plaintiffs was ordered to be dismissed with costs.

(2.) BRIEF facts are as under. Plaintiffs filed a suit for declaration to the effect that the order dated 6. 8. 1976 passed by the S. D. O. (Civil) exercising the powers of Allotment Authority under the Haryana Utilisation of Surplus and Other Areas Scheme 1976, is null and void, without jurisdiction and in operative qua the ownership rights of the plaintiffs and also the order of Naib Tehsildar, Surplus Area is null and void as the same was passed without issuing any notice to the earlier landowners with a further prayer that the plaintiffs be put in possession, having been dispossessed in May, 1985. As per narration in the plaint, the plaintiffs are stated to have purchased the land from Baldev Singh s/o Jagir Singh who got it from the original owner Smt. Daya Kaur in the year 1974. Since no notice was given to aforesaid Baldev Singh by the Collector Surplus Area or allotment Authority-cum-Prescribed Authority declaration of surplus area and order of utilisation being contrary to the provisions of the Punjab Security of Land Tenures Act as well as the provisions contained in the Haryana Ceiling on Land Holdings Act read with the Haryana Utilisation of Surplus and other Area Scheme, 1976, does not bind the plaintiffs in any manner. Thus, these orders being non est are liable to be set aside decreeing the claim set up by the plaintiffs.

(3.) ON the pleadings of the parties, following issues were framed :1. Whether the orders dated 6. 8. 1976 and 3. 8. 1976 are null and void as alleged? OPP 2. Whether the suit is not maintainable in the present form ? OPD. 3. Whether the suit is barred by res judicata? OPD. 4. Whether the Civil Court has got no jurisdiction to try the present suit? OPD.