Decided on January 28,2020

KAMLA DEVI Respondents

Referred Judgements :-



ASHOK BHUSHAN,J. - (1.)This appeal has been filed by legal heirs of the subsequent purchasers challenging the judgment of Division Bench dated 21.04.2010 of the Punjab and Haryana High Court in LPA No.55 of 2010 by which the appeal filed by the legal heirs of land owner has been allowed setting aside the judgement of learned Single Judge by which he directed the prescribed authority to include the area sold to the appellants within the permissible area of the land holder.
(2.)Brief facts of the case giving rise to this appeal are: -
(i) One Jaipal Singh, land holder, was owner of the land measuring 221.72 standard acres in village Kheri, Shishgarh on 15.04.1953, when Punjab Security of land Tenures Act, 1953(hereinafter referred to as 1953 Act) was enforced. The 1953 Act defined permissible area, standard acre and surplus area. Permissible area under the 1953 Act was defined as 30 standard acres. Land owner who owned land in excess of permissible area was entitled to intimate his selection in the prescribed form and manner to the Patwari of the State. The Collector of the area passed an order dated 28.07.1960 determining 191.72 standard area of land as surplus in the hand of Shri Jaipal Singh. An appeal was filed by Jaipal Singh to the Commissioner, Ambala Division which was dismissed on 14.11.1960. The Revision Petition before the Financial Commissioner, Punjab which was also dismissed on 01.05.1961.

(ii) CWP No.639 of 1961 filed by the Jaipal Singh was allowed by the High Court vide judgment dated 12.03.1962 and authorities were directed to redecide the surplus area in accordance with the law laid down by the judgment of Punjab High Court reported in 1962 PLR 22, Jagan Nath and others versus State of Punjab and others. The proceedings before the Collector in pursuance of the judgment of Punjab High Court dated 12.03.1962 remained pending. In the meantime, State of Haryana was created and State legislature passed an Act namely, Haryana Ceiling of land Act, 1972(hereinafter referred to as 1972 Act). Jaipal Singh on 18.06.1974 executed sale deeds in favour of one Mohan Singh of an area of 125 Kanal and 8 Marla. The Collector by an order dated 12.05.1978 allowed exemption of land of Jaipal Singh declared surplus measuring 150 standard acres and balance of 36.47 standard acres was declared surplus.

(iii) Learned counsel for the plaintiff Jaipal Singh was granted time by the Collector to furnish list of land to be retained by Jaipal Singh but requisite list was not submitted and order was passed on 20.05.1978 declaring surplus. The appeal against order dated 12.05.1978 was filed by Jaipal Singh. The Commissioner, Ambala division decided the appeal vide order dated 14.11.1979 and remanded the case to the Collector with a direction that he should permit the appellant Jaipal Singh to give the list of Khasra to be given in surplus pool to the Collector. Appellant was given time till 21.11.1979. Jaipal Singh gave Khasra numbers which were sold to Mohan Singh in surplus pool. A notice was issued to Mohan Singh to vacate the land. An application was filed by Mohan Singh before the prescribed authority objecting notice given to him to vacate the land. The prescribed authority rejected the application of Mohan Singh by the Order dated 11.10.1983 observing that the Vendee had purchased the surplus area by registered sale deed dated 18.06.1974.

(iv) Against the order of prescribed authority, Mohan Singh filed an appeal before the Collector. The Collector by order dated 06.02.1984 accepted the appeal directing that if the surplus land had to be taken the same will be taken from the land of the owner and if the same could not be completed from his land, only then, the land be taken from land in dispute i.e. land of the vendees. The Jaipal Singh having died in between, the widow of Jaipal Singh filed a revision before the Commissioner, Ambala Division. The Commissioner allowed the appeal. The Commissioner held that the surplus area declared by the Collector in the year 1960 vested in the State. The Commissioner held that land owner could not be forced to exclude this land from surplus area. It was further held that prescribed authority had no jurisdiction to challenge or modify the orders passed by the Collector. The order of Collector was set aside and appeal was allowed. Revision filed by Mohan Singh before the Financial Commissioner, Haryana was dismissed by the order dated 18.02.1987 against which writ petition No.2979 of 1989 was filed by Mohan Singh.

(v) Mohan Singh executed a sale deed on 16.06.1989 in favour of appellant of the land which was purchased by him from Jaipal Singh vide sale deed dated 18.06.1974.

(vi) The writ petition was allowed by learned Single Judge setting aside the order of Commissioner and Financial Commissioner. The learned Single Judge remitted the matter to consider the case of petitioner for the grant of benefit envisaged under Section 8(3) of 1972 Act with regard to permissible area by land owner without touching the order of declaration of surplus area. The order of the Collector dated 06.02.1984 was restored to the limited extent.

(vii) Against the judgement of learned Single Judge 18.11.2009, LPA was filed by the legal heirs of the land owner. LPA has been allowed by the Division Bench by the impugned judgment dated 21.04.2010. The appellant aggrieved by said judgment has filed this appeal.

(3.)We have heard Shri Narender Hooda, senior Advocate for the appellants, Shri Pradeep Kant, senior Advocate, has appeared for the contesting respondents. We have also heard learned Counsel for the State of Haryana.

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