V.K.Jhanji, J.

1. This is defendants second appeal directed against the judgment and decree of the Courts below whereby suit of the plaintiff for declaration, has been decreed.

2. Plaintiff filed suit for a decree of declaration to the effect that order of the Collector dated 15.3.1961, declaring the land surplus and all subsequent orders are illegal, void and without jurisdiction and will not affect the rights of the plaintiff. Plaintiff also sought decree for possession in regard to the land measuring 576 kanals 8 marla which had been sold to defendants 4 to 11. The facts giving rise to the appeal as found by the Courts below are as follows :

3. Panchayat Akhara Kala Bara Udasian (plaintiff) was holding land measuring 1468 Bighas 3 Biswas in the year 1953 in village Bhawani Khera, Tehsil Thanesar. Collector, Agrarian vide his order dated 15.3.1961 declared 145 st. acres of land as surplus leaving 30 st. acres for self-cultivation of the Akhara. Plaintiff by filing a suit challenged the order of the Collector and contended that order was passed ex-parte and therefore, the same is illegal, void and without jurisdiction. Plaintiff also contended that area measuring 356 bigha