SHAN SINGH Vs. NATHU

JUDGEMENT

(1.) The unsuccessful defendant has come up in second appeal against the judgment and decree of the Appellate Court affirming on appeal that of the trial Judge.

(2.) Respondents No. 1 to 3 (hereinafter referred to as the plaintiffs) filed a suit for declaration with consequential relief of possession that the order of the Collector Agrarian dated November 20, 1959 declaring 9-3/4 units as surplus with plaintiff No. 1 is illegal. On the basis of the order, the Collector Agrarian allotted the surplus land to the appellant (hereinafter referred to as the defendant) vide order dated June 4, 1976. The Collector Agrarian while separating the permissible area of the plaintiffs out of his surplus area included Banzar Qadim land in his total holdings and also the land which was mortgaged with possession with the mortgagees and the Banzar Qadim land ought to have been excluded out of the total holdings of the plaintiff No. 1 before determining his total holdings and thereafter surplus area should have been separated after allotting the permissible area.

(3.) The defendants controverted the plea of the plaintiff and maintained that the orders declaring the surplus area and of allotment were valid.