SHADI RAM Vs. MOHAN SINGH AND OTHERS

JUDGEMENT

(1.) Defendant No.4 is in second appeal. Suit for declaration was filed by the plaintiffs namely Mohan Singh and Nasib Singh on the ground that they are owners in possession of 47 Kanals 1 Marla of land and the order dated 21.08.1997 passed by the Joint Secretary (Rehabilitation)-cum-Settlement Commissioner, Haryana, Chandigarh is null and void and subsequent order dated 29.11.2001 passed by Assistant Collector, IInd Grade, Saha on the basis of aforesaid order is also null and void. Plaintiffs claimed themselves to be bona fide purchasers for consideration.

(2.) Tilku was a landless Harijan. State of Haryana leased out 93 Kanals 18 Marlas of land to him. Possession was also given to him vide Rapat Roznamcha dated 11.09.1965. Since then he was cultivating the suit land.

(3.) On 01.03.1982, Tilku moved an application for transfer of land so leased out to him under the press note issued by the State of Haryana. Defendant No.1 directed him to surrender the possession over excessive land as under Government instructions, a person could have possessed only 5 standard acres of land. Resultantly, Tilku surrendered the excess land in favour of the defendant No.1. However, conveyance deed could not be executed due to some stay passed by the civil Court. Application of Tilku was kept pending for transfer on the basis of Government instructions dated 10.11.1981, till vacation of stay order passed by the civil Court.