MAM CHAND AND ORS. Vs. MARU AND ORS.

JUDGEMENT

(1.) The plaintiffs are in second appeal aggrieved against the judgment and decree passed by the First Appellate Court whereby the suit for declaration that the plaintiffs have become owner of the suit land by way of adverse possession was dismissed.

(2.) The plaintiffs have filed the suit for declaration, inter -alia, on the ground that they are in possession mentioned in para I of the plaint for the last more than 20 years which is continuous, hostile and notorious, and thus, they have become owner by way of adverse possession. On the other hand, it was the stand of the defendants that the land was declared surplus by Collector Agrarian and that a suit was filed by Ram Rikh against the plaintiffs which was withdrawn with permission to file fresh suit on the same cause of action and that the possession of the plaintiff is not adverse.

(3.) Defendant Nos. 3 to 10 are allottees, who have alleged that they have been allotted surplus land by Collector, Agrarian while utilizing the surplus area and that surplus land vests in the State of Haryana by virtue of Sec. 12(3) of the Haryana Ceiling of Land Holdings Act, 1972 (hereinafter referred to as "the Act").