VINOD K.SHARMA,J - (1.) THIS Regular Second Appeal has been filed against the judgment and decree passed by the learned lower Appellate Court dismissing the suit for declaration and injunction filed by the plaintiff-appellant.
(2.) THE plaintiff-appellant filed a suit for declaration and permanent injunction claiming themselves to be the owners in possession in pursuance to the allotment order dated 30.5.1984. It was pleaded that by way of order dated 29.8.1980, the land measuring 377 kanals, 18 marlas was declared surplus which includes the land in dispute. It is the admitted position that the order dated 29.8.1980 was challenged by the landowner before the learned Commissioner and the said appeal was accepted and the case was remanded back to the learned Collector to decide the matter afresh. By way of order dated 13.12.1983, learned Collector again upheld the order declaring the area as surplus. The learned Collector vide order dated 29.8.1980 was pleased to give liberty to the landowners to move an application within the stipulated period for selection of land. It was also mentioned therein that if there was any area of the land declared surplus under the Panchayat Act that would be declared surplus as such.
(3.) THE case set up by the plaintiff in the plaint was that along with order dated 29.8.1980, Form IV was also issued by the department declaring 377 kanals 18 marlas which includes the land in dispute to be surplus. It was also claimed by the plaintiff that the same was allotted to the plaintiffs and they had deposited necessary instalments and thus became owners in possession of the land in dispute under the provisions of Section 15(5) of the Haryana Ceiling on Land Holdings Act, 1972 (hereinafter referred to as the 'Act'). The mutation Nos. 993, 995 and 941 were also said to have been decided in favour of the plaintiffs. The plaintiffs claimed that except the order dated 29.8.1980, no other order was passed by the learned Collector declaring the area to be surplus.;