JASWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of the Courts below dismissing the suit of the plaintiff for declaring the orders passed by the Authorities under the Haryana Ceiling on Land Holdings Act, 1972, in the case State v. Balbir Singh and in the suit titled Balbir Singh v. State of Haryana to be illegal, void and not binding on his rights.

(2.) In brief, the facts are that plaintiff, Jaswinder Singh (appellant herein) is natural son of Balbir Singh. On 5.8.1980, the Prescribed Authority under the Haryana Ceiling on Land Holdings Act, 1972 (hereinafter referred to as the Act) declared lands Surplus in the hands of Balbir Singh. Since the plaintiff was minor on the appointed day i.e. 4.1.1972, he was treated as member of the family of Balbir Singh and land held by the plaintiff was clubbed with the landholding of Balbir Singh. Being aggrieved of order dt. 5.8.1980 of the Prescribed Authority, Balbir Singh preferred appeal before the Collector. Before the Collector, Balbir Singh contended that Jaswinder Singh was given in adoption to one Mukhtiar Singh vide adoption-deed dt. 5.11.1973, but the said adoption-deed was wrongly ignored' by the Prescribed Authority, he contended that the Prescribed Authority had no authority to declare adoption deed dt. 5.11.1973 to be a sham documents and to declare the land surplus in his hands by clubbing the land of his son who had already been given in adoption before the appointed day. Vide order dated 2.12.1980, the Collector dismissed the appeal. Balbir Singh preferred revision before the Commissioner, Hissar Division & vide order dt. 30.7.1982, his revision was dismissed. Thereafter Balbir Singh filed petition under Section 18(6) of the Act before the Financial Commissioner. Vide order dated 5.3.1985, the Financial Commissioner did not find it to be a fit case for exercise of suo-motu powers under Section 18(6) of the Act to interfere with order dated 30.7.1982 and accordingly dismissed the petition. Balbir Singh having lost the battle before the Authorities under the Act, filed Civil Suit No. 154 of 1981 challenging orders passed by the Authorities. In the said suit, he not only challenged the orders of the Authorities under the Act, but also sought declaration that Jaswinder Singh, was given in adoption to one Mukhtiar Singh vide adoption deed dated 5.11.1973 and the decision of the Prescribed Authority to the contrary is null and void. In the suit, he impleaded the State of Haryana and also Mukhtiar Singh and Jaswinder Singh as party-defendants. Both the defendants, namely, Mukhtiar Singh and Jaswinder Singh filed written statement admitting the claim of Balbir Singh. The State of Haryana, however, contested the suit and the Sub Judge, 1st Class, Dabwali vide detailed judgment and decree dated 22.2.1986 dismissed the suit. In appeal, filed by Balbir Singh, against the said judgment, the first Appellate Court vide judgment dated 20.7.1987 affirmed the judgment and decree of the trial Court. It is thereafter that the suit out of which present appeal has arisen, was filed by Jaswinder Singh challenging the orders of the Authorities under the Act and also judgment and decree dated 22.2.1986 passed by the Sub Judge 1st Class, Dabwali and judgment and decree dated 20.7.1987 passed in appeal by the first Appellate Court. In the suit, plaintiff also challenged order dated 26.2.1981 vide which the land which had been declared surplus, has been allotted to defendants 3 to 6.

(3.) Upon contest, the State as also defendants No.3 to 6 contested the suit and in their written statement, submitted that the orders passed by the Authorities under the Act are legal and valid. They contended that because of bar created under Section 26 of the Act, the Civil Court has no jurisdiction to try the suit. Defendants further submitted that order dated 26.2.1981 vide which land was allotted to defendants No.3 to 6 is legal and valid.