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1985 Supreme(P&H) 546

S.P.GOYAL, I.S.TIWANA, PREM CHAND JAIN, G.C.MITTAL, S.S.KANG
State Of Haryana – Appellant
Versus
Vinod Kumar – Respondent


Judgment

S.P.GOYAL, J.

1. The respondents filed this suit for a declaration that the order of the Collector dated January 31, 1962 declaring 87.14 acres as surplus area and 138.31 acres as tenant s permissible area in the hands of Gobind Parshad, their father, was void and inoperative and for a permanent injunction restraining the appellants from utilising the said land under the provisions of the Haryana Ceiling on Land Holdings Act, 1972 (for short, the Haryana Act). The material allegations made in the plaint were that the respondents and their father Govind Parshad constituted a joint Hindu family and owned 500 acres of agricultural land situate at village Fatehpuria, district Sirsa prior to April 15, 1953, the date on which the Punjab Security of Land Tenures Act (hereinafter called the Punjab Act) was enforced. In the year 1953 itself Gobind Parshad by way of family settlement transferred 170 acres of land in the name of his wife. Thereafter, family partition took place some time in the year 1954 whereby 3/5th of the remaining land fell to the share of Vinod Kumar, Rattan Lal and Om Parkash, respondents, whereas 2/5th was kept by Gobind Parshad and his 4th son Anil Kumar. Goin




























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