Birendra Singh Yadav, J. - (1.) THIS is Plaintiffs' appeal arising out of a suit filed by them for a declaration that they were owners of the suit land measuring 44 Kanals 3 Marias, situated in village Bari. According to the allegations in the plaint, the Plaintiffs had purchased the suit land along with some other land from Defendant No. 7 Salig Ram by means of a registered sale deed dated 28th September, 1965 and since then they were in possession of it. Mutation No. 449 was also sanctioned in their favour on 27th December, 1966. The suit land had been allotted to Salig Ram in consolidation proceedings. On a time barred application of one Rama Nand, the Assistant Director (Consolidation), on 23rd June, 1967 passed an order remanding the case to the Consolidation Officer. Narnaul, for reviewing the whole allotment made during the consolidation proceedings. The Consolidation officer, vide order dated 20th July, 1967, ordered withdrawal of the suit land from the ownership of Salig Ram after holding that more land than was due to him (i. e. Salig Ram) had been allotted to him. In appeal the said order was confirmed by the Settlement Officer (Consolidation) on 27th December. 1967.
(2.) IT was further averred that the Consolidation Authorities had become functus officio lord before the sale of the suit land by Salig Ram in favour of the Plaintiffs as consolidation proceedings had been completed and the possession of the allotted land had been transferred to the respective owners. Thus the Consolidation Authorities had no authority to withdraw the suit land from the ownership of Salig Ram Defendant and, therefore the above order was not binding upon them. Moreover, the order of the Consolidation Officer (Consolidation) dated 20th July, 1967 was passed at the back of the Plaintiffs. Under the orders of the Consolidation Authorities, Defendants No. 1 to 3 were trying to eject the Plaintiffs from the suit land and hence the suit. Defendants Nos. 1 to 6 contested the suit and pleaded that Salig Ram, Defendant No. 7 had been wrongly allotted the suit land and the Consolidation Authorities rightly withdrew it from his ownership. The Plaintiffs were given full opportunity to present their case by the Consolidation Authorities before the impugned orders were passed. Salig Ram had sold his share in the joint Khewant before the consolidation proceedings. They (i. e. Defendants) were owners and in possession of the suit land.
(3.) THE contesting Defendants also took up certain other pleas as will be clear from the following issues framed by the learned Sub Judge 1st Class, Chakhi Dadri, who tried the case: 1. Whether the Plaintiffs are in possession of the suit land ? If not, its effect on the maintainability of the suit in present form ? 2. Whether the Plaintiffs are owners of the suit property ? 3. Whether this Court has no jurisdiction to entertain the suit ? 4. Whether the Plaintiffs are estopped from filing the suit, as alleged in para 5 of the additional pleas in the written statement ? 5.WHETHER the Plaintiffs have waived their right to file suit, as alleged ? Whether the Defendants are entitled to recover special costs Under Section 35 -A, C. P. C. ? 6.WHETHER the suit is properly valued for purposes of court fee and jurisdiction ? 7.WHETHER the orders of the the Consolidation Officer dated 20 -7 -1967, and the order of the Settlement Officer dated 27.12.1967 and that of the Assistant Director Consolidation dated 23.6.67 are illegal, null and void, and without jurisdiction, as alleged ? Whether the suit is within limitation ? 8.WHETHER the vendee -Defendants 1 to 6 are bona fide purchasers of the suit land for consideration, and if so, its effect ? 9.WHETHER the suit is bad for non -joinder of necessary parties as alleged in para 7 of the additional plea of written statement ? Whether the suit is liable to be stayed as alleged ? 10.WHETHER the suit has abated as alleged. 11.WHETHER issue No. 13 can be raised in view of the order of the Court dated 18.6 1971 on the application of Plaintiffs ? Relief. ;