JUDGMENT

Arun Monga, J. (Oral)

CM-11802-C-2014

This is an application seeking condonation of delay of 405 days in re- filing the appeal.

For the reasons stated in the application, same is allowed. Delay stands condoned.

CM-4188-C-2014

Disposed of as infructuous.

Main Case (O&M)

For convenience, parties herein are described as per recitals before the trial Court.

2. Having suffered concurrent adverse findings by the two Courts below, defendants-State of Haryana and others are in second appeal before this Court assailing the trial Court judgment and decree dated 06.05.2010, as upheld by learned First Appellate Court vide its judgment and decree dated 09.10.2012.

3. Briefly stated, facts as noticed by Courts below are that father of plaintiff Shri Puran purchased the land measuring 16 Kanals 5 Marlas from one Wazir Singh son of Sulakhan Singh, who was allotted land measuring 620 Kanals 9 Marlas situated at village Ratera on migration from Pakistan by the custodian department as per the Jamabandi for the year 1958-59 vide registered sale deed dated 20.07.1961. Necessary mutation no.1786 was sanctioned on 12.08.1961. It is pleaded that latest Khasra Girdawari establishing the possession of plaintiff along with ownership is also in favour of plaintiff. It is also stated that passbook qua the land in dispute, Fard Jamabandi for the year 1958-59, latest Jamabandi for the year 2002-03 also show the possession of plaintiff.

3.1. It is further alleged that since 20.07.1961, plaintiff is in continuous possession as owner of the land in dispute. The Managing Officer of the Custodian Department later came to know that the allotment made to Wazir Singh had been obtained by misrepresentation and concealment of material facts and was liable to be set aside, upon which the Chief Settlement Commissioner set aside the proprietary rights in the name of Wazir Singh. The order was challenged and a petition was filed before the Financial Commissioner, Revenue, Haryana and vide order dated 23.05.1978, the case was remanded back to the Chief Settlement Commissioner, Haryana but again Chief Settlement Commissioner, reiterated his order and the proprietary rights issued in the name of Wazir Singh were cancelled vide order dated 31.03.1993.

3.2. It is further pleaded that some of the vendees of Wazir Singh challenged order dated 31.03.1993 before the Financial Commissioner and Secretary to Government of Haryana, Rehabilitation Department, who allowed their revision petition but on 23.05.2005, defendant No.3- Tehsildar (Sales) came to village Ratera for auctioning the suit land. But no auction could be held and for the first time plaintiff came to know on 23.05.2005 that the proprietary rights of Wazir Singh qua the suit land (which was purchased by plaintiff from Wazir Singh) were cancelled.

3.3. It is the case of plaintiff that he is a bonafide purchaser and purchased the suit land from the original allottee. Plaintiff purchased the land in dispute more than 32-year ago and at that time name of Wazir Singh was duly confirmed by the department of Rehabilitation Department as the owner of the suit land. Defendants want to auction the land in dispute and want to dispossess the plaintiff from the disputed land for which they have no right. Hence, it is prayed that the defendants may be restrained from interfering in the peaceful possession of plaintiff and be further restrained from auctioning the suit land. Hence, the civil suit.

4. Upon notice, defendant/appellants appeared and filed their written statement taking some preliminary objections with regard to the maintainability etc.

4.1. On