PHUL CHAND Vs. PARBHATI

JUDGEMENT

(1.) This is a defendant's appeal and has been directed against the judgment and decree dated 5.11.1979, passed by the Court of Additional District Judge, Narnaul, who allowed the appeal of the plaintiff and decreed his suit by holding that the impugned orders dated 27.1.1961 and 27.11.1973 as null and void and not effective against the rights of the plaintiff.

(2.) The brief facts of the case can be noticed in the following manner:-

(3.) Parbhati son of Richhpal, plaintiff filed a suit or declaration that the order dated 27.1.1961 passed by the Prescribed Authority, Narnaul and the order dated 27.11.1973, passed by the Collector, Agrarian, Dadri, were null and void and without any jurisdiction and for permanent injunction that the same had no effect on his rights. It was alleged in the plaint that on 27.1.1961, the Prescribed Authority passed an order under Para-6 of the Pepsu Utilisation of Surplus Area Scheme, 1960 (hereinafter referred to 'the Scheme') holding that the plaintiff was ejectable under Sub-section (1) of Section 7A of the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter referred to as 'the Act') on an allotment of an area 2.2-1/9 standard acres under para-8 of the Scheme wherever the same was available. It was further alleged by the plaintiff that in connection with the above order of the Prescribed Authority, the Collector, Agrarian, passed order on 27.11.1993 holing that the owner of the land could eject the tenant after obtaining their ejectment order from the Court and he had the right to get a surplus land allotted to the tenant and that the allotment made by the Prescribed Authority was confirmed. The plaintiff alleged that the order dated 27.1.1961 was a nullity for the various reasons given in para-3 of the plaint and the order dated 27.11.1973 passed by the Collector, Agrarian, was also bad.