AMAR SINGH Vs. WADHAWAI BAI

JUDGEMENT

(1.) The plaintiffs are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for declaration challenging the orders passed by the authorities under the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as 'the Act') was found to be beyond the jurisdiction of the Civil Court.

(2.) It has been found that the appellants have not challenged the order passed by the Prescribed Authority or the orders passed in appeal by the Commissioner, Sirsa or the Financial Commissioner and that the jurisdiction of the Civil Court is barred in terms of Section 26 of the Haryana Ceiling of Land Holding Act, 1972, the successor Act to Punjab Security of Land Tenures Act, 1953.

(3.) Learned counsel for the appellants has vehemently argued that the authorities under the Act, have not taken into consideration the choice of the landlord in respect of the permissible area, therefore, the orders passed by the authorities under the Act, are not sustainable in law. However, the said argument is not tenable in view of the fact that the jurisdiction of the Civil Court has been specifically barred.