SHAM LAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE appellant filed suit for possession and permanent injunction alleging that his father was recorded as owner in possession of 86 Kanals 4 Marias of land. The plaintiff and his brothers were joint owners of land measuring 64 Kanals 9 Marias by virtue of sale deed dated 24.4.1958. They exchanged their land with their father Mukandi Lal, which was entered in revenue record on 25.2.1959. Land taken in exchange was partitioned between the plaintiff and his brothers and from 1958 to 1977, the plaintiff continued in possession of the land which came to his share. In the year 1976, it came to the notice of the plaintiff that the land was going to be utilised under the provisions of the Haryana Ceiling on Land Holdings Act, 1972 (for short, the 1972 Act). He along with his brothers moved a petition on 1.4.1977 before the Sub Divisional Magistrate, Thanesar against proposed utilisation. The said application was rejected on 22.12.1977. Thereafter, different proceedings were taken but the plaintiff was not successful. Land was thereafter allotted to the contesting defendants and mutations were sanctioned on 24.1.1985. The plaintiff was dispossessed from part of the land which was illegal. He was also entitled to injunction with regard to the land in his possession.

(2.) THE suit was contested mainly on the ground that the same was barred under Section 26 of the 1972 Act. It was also pleaded that the exchange was non -existent.

(3.) LEARNED counsel for the appellant submitted that there was no ground to hold that exchange deed was sham transaction and, therefore, the appellant was entitled to be heard before declaration of surplus area.