GANESHI AND OTHERS Vs. BEDI RAM AND OTHERS

JUDGEMENT

(1.) By this judgment, two appeals bearing R.S.A. No. 1208 of 1989 and R.S.A. No.23 of 1990 are being disposed of as both the appeals are directed against the same judgment, dated 19th April, 1989, passed by the Additional District Judge, Faridabad.

(2.) Briefly stated, the facts of the case are that Keshav who is the father of the appellants in R.S.A. No. 23/90, namely Bedi Ram, Bhogi Ram and Krishan Kumar, was the owner of the land including the suit land measuring 468 kanals situated at village Pangaltu Tehsil Palwal District Faridabad. In the year 1960, the suit land was declared as surplus under the provisions of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Punjab Act). As per the case of the appellants in R.S.A. No. 23/90, the said surplus land was not utilised till the Haryana Ceiling on Land Holdings Act, 1972 (hereinafter referred to as the Haryana Act) came into force on 23rd December, 1972. It may be pointed out that the appointed day under the said Act was 24th January, 1971. In the year 1970, Bedi Ram, Bhogi Ram and Krishan Kumar (hereinafter referred to as the plaintiffs) filed suit bearing No. 434/1970 against their father Keshav for declaration that by way of family settlement the plaintiffs and their father Keshav had become owners in possession of different holdings. It was pleaded in this suit that by way of gift, Keshav had parted with the suit land in favour of plaintiff No. 1 but later a dispute had arisen, then a family settlement took place, in terms of which Bedi Ram became owner of land measuring 115 kanals 16 Marlas as described in para 1(a) of the plaint. Bhogi Ram became owner of land measuring 115 kanals 8 Marlas as described in para 1(b) of the plaint and Krishan Kumar became owner of land measuring 16 canals 13 Marlas as described in para 1(c) of the plaint and their father Keshav remained owner in possession of the land measuring 114 kanals 6 Marlas described in para 2 of the plaint. On the basis of alleged family settlement, suit No. 434/1970 was decreed by consent vide decree dated 7th January, 1971.

(3.) In the year 1980, the surplus land was utilised and vide orders dated 28th August, 1980 (Exhibit DW 4/1 to Exhibit D.W. 27/1) passed by the prescribed authority, the said land was allotted to private defendants who are respondents in appeal No. RSA 23/90 and are appellants in RSA No. 1208/89. The case of the private defendants is that the possession of the land in dispute was taken over by them during the period from 26th September, 1980 to 2nd October, 1980 vide Reports Roznamcha Exhibits D. 3 to D. 29).