SARDARNI KULDIP KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is plaintiff's second appeal whose suit for declaration had been decreed by the trial court but was dismissed in appeal. S. Bhagwant Singh died on 31st October, 1960 leaving behind 3 daughters and 3 sons and a widow. The present suit was filled by the widow Kuldip Kaur and her daughter Pal Inder Kaur for a declaration to the effect that they are entitled to be paid a sum of Rs. 6,464.74 for the land acquired measuring 5.13 acres. According to the plaintiffs, the suit land which was acquired in the year 1970 belonged to S. Bhagwant Singh and they being his legal heirs were entitled to 2/7th share in the compensation amount. Surprisingly enough only Shamsher Singh, one of the sons, in whose name the land acquired was entered in the revenue records, was made party to the suit. The other heirs were not impleaded either as plaintiffs or as defendants. The suit was contested by defendant No. 4. Shamsher Singh on the plea that the plaintiffs have no right to file the suit in as much as the property in dispute had been gifted by S. Bhagawant Singh i.e. his father to him and the land gifted had become his absolute property vis-a-vis the plaintiffs who had no locus standi to challenge the alienation. It was denied that the land belonged to S. Bhagwant Singh at the time of acquisition. The trial Court found that the land belonged to S. Bhagwant Singh and since all the gifts made by him were held to be invalid, the plaintiffs were entitled to the amount of Rs. 6,464.74 being 2/7th share of the amount of compensation and consequently decreed the plaintiff's suit.

(2.) In appeal the learned District Judge, Ambala, reversed the said findings of the trial court and came to the conclusion that the plaintiffs have failed to prove that the land of acquired formed part of the estate of Sardar Bhagwant Singh at the time of acquisition. It was further found that no civil suit as such was competent. Proper remedy for the plaintiffs was to claim reference under section 30 of the Land Acquisition Act (for short the 'Act'). In view of these findings, plaintiff's suit was dismissed. Dissatisfied with the same, the plaintiffs have filed this second appeal in this court.

(3.) During the pendency of this appeal Kuldir Kaur, widow of Sardar Bhagwant Singh (appellant) died and her legal representatives were brought on the record.