JASWANT SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Impugned in the present regular second appeal is the judgment and decree dated 22.1.1992, passed by the learned Additional District Judge, Sonepat, affirming the judgment and decree dated 6.5.1989, passed by the learned Additional Senior Sub Judge, Sonepat, vide which the suit of the plaintiff was dismissed. Briefly stated, the plaintiff had filed a suit for permanent injunction against the State of Haryana, Sub Divisional Officer (C) and others for restraining them from taking possession of the suit land in pursuance to the order dated 6.10.1980, passed by the Collector, Sonepat.

(2.) On the other hand, the stand of the defendants was that the disputed area was declared surplus in the hand of original owner by the Collector, vide order dated 6.10.1980. No appeal has been filed against the said order and said order has become final. The jurisdiction of the civil court to challenge the order was also challenged.

(3.) From the pleadings, following issues were framed :-