PERMOD KOHLI, J. - (1.) THIS Regular Second Appeal is preferred against the concurrent findings of fact recorded by both the learned Courts below.
(2.) BRIEFLY stated, the facts as emerged from the record are that an order was passed by the Prescribed Authority, Karnal, dated 12.01.1978 under the Haryana Ceiling on Land Holdings Act, 1972, declaring the land as surplus. An appeal preferred by the plaintiff-respondent before the Collector, Karnal, also came to be dismissed vide order dated 28.07.1978 and a Revision therefrom before, the Commissioner, Ambala Division, Ambala, also resulted in dismissal vide order dated 08.07.1980. Aggrieved of these orders, respondent herein, filed a suit for declaration declaring these orders as null and void, in the Court of learned Sub Judge IInd Class, Karnal. On the pleadings of the parties, as many as six issues were framed. However, the relevant issue is issue No. 1 which relates to the validity of the orders passed by the authorities under the provisions of Haryana Ceiling on Land Holdings Act, 1972.
(3.) THE case of the plaintiff-respondent before the learned trial Court was that the authorities have not considered the affidavit filed by him regarding the correction in the declaration form earlier filed by him and without taking into consideration the family strength of the plaintiff, the impugned orders have been passed declaring the suit land as surplus.;