CHANDER KANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) The order impugned is to the effect that a small landowner, with no excess area, vide order of 31.8.1993 of the Special Collector, Haryana was declared to be in possession of land ignoring the fact that 364 kanals and 12 marlas of 'C' category area had been sold before the appointed day and 314 kanals and 18 marlas of similar category was held to be excess in the same area. The sale of 364 kanals and 12 marlas was held to be not bona fide.

(2.) IN point of fact sales of the area made after the appointed day i.e. 24.1.71 were made with the specific stipulation that if the area was subsequently declared surplus it would be entirely the responsibility of the sitting tenant.

(3.) I have heard both parties. The question in this case is short and simple: whether transfer at ''Risk and Cost'' to old tenants becomes the liability of the previous landowner or the liability of the tenant who purchased the land. The transfers effected by the petitioner after the appointed day have also been taken into account the transactions made by him subsequently in 1975.