FARIDABAD COMPLEX ADMINISTRATION Vs. AMITABH ADHAR

JUDGEMENT

(1.) This is defendant's second appeal directed against the judgment and decree of the first Appellate Court whereby on appeal preferred by the plaintiffs, judgment and decree of the trial Court has been set aside and in consequence thereof suit of the plaintiffs has been decreed.

(2.) Plaintiffs filed suit for declaration against the defendant, namely, Faridabad Complex Administration praying for grant of decree of declaration to the effect that the plaintiffs are absolute owners in possession of land measuring 341 Kanals 9 Marias situated in village Lakkarpur, Tehsil Ballabgarh, District Faridabad and revenue entries in the column of ownership of Jamabandi in favour of Faridabad Complex Administration are wrong and liable to be rectified. Plaintiffs also prayed for a decree of permanent injunction restraining the defendant from interfering in their peaceful possession and enjoyment by leasing out or auctioningjhe suit land. The principal contention of the plaintiffs was that after the provisions of Haryana Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 1961 Act) were struck down by this Court, shamilat deh land could not vest in the Municipal Committee or the Faridabad Complex Administration. The plaintiffs claiming themselves to be proprietors, claimed to be the owners of the suit land.

(3.) Defendant, on appearance, contested the suit. In its written statement, defendant denied the averments made in the plaint and inter-alia contended that the suit is bad, frivolous and vague. Defendant pleaded that on coming into existence of Faridabad Complex Administration, suit land which constituted as part of Panchayat Deh of the erstwhile Gram Panchayat vested in the defendant-administration.- Defendant submitted that the plaintiffs have absolutely no right, title and interest in the suit land and have no cause of action to bring the suit.