The repeal of the 1953 Act does not affect pending proceedings, and surplus land cannot vest in the State without a legal declaration.

JUDGMENT

Mr. Deepak Gupta, J.

Suit for declaration and permanent injunction filed by the plaintiff (appellant herein) was decreed by the trial court on 19.12.1988. However, in the appeal filed by the defendant-State of Haryana (respondent herein), the first appellate court dismissed the suit, by allowing the appeal on 03.08.1989. It is against the judgment/decree of the First Appellate Court that plaintiff has approached this Court by way of present RSA.

2. In order to avoid any confusion, parties shall be referred as per their status before the trial court. Trail court record was called, which has been perused with the able assistance provided by the learned counsel for both the sides.

3.1 Brief facts relevant for disposal of the present case are that provisions of Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as 'the 1953 Act') used to hold the field in the State of Haryana, till the State of Haryana enacted the Haryana Ceiling on Land Holdings Act, 1972 (hereinafter referred to as 'the 1972 Act').

3.2 Inder Singh, the father of plaintiff of Smt. Reshami Devi was big land owner, holding 269.97 acre of land (referred at many places as 229.97 acres). By way of order of the Collector, Sirsa, 60 simple acres of land of Inder Singh was declared as his permissible area. 19.94 acres of land was reserved as the tenant's permissible area; whereas, 190.3 simple acres land was declared as the surplus area. Consolidation took place in the village and in lieu of the land held by Inder Singh, the total land of Inder Singh became 1795 kanal 1 marla. Out of this, said Inder Singh transferred 1/5th share i.e. 359 kanal in the name of his daughter - plaintiff- Smt. Reshami by virtue of a Civil Court decree dated 12.04.1969, regarding which mutation No.2921 was sanctioned. Obviously, the said transfer was effected by Inder Singh in favour of the plaintiff after the prescribed date of 30.07.1958, as per 1953 Act. Resultantly, plaintiff - Smt. Reshmi was also declared as a big land owner and out of 359 kanal area transferred in her name, 275 kanal was declared as her permissible area; whereas, 76 kanal 4 marla was declared as surplus area.

3.3 The case of the plaintiff is that total holdings belonging to her, her father Inder Singh and other co-sharers being still joint, the State is legally bound to initiate proceedings under Section 14 (1) of the 1972 Act and to separate the share of each co-owner and declare the particular Killa numbers in the surplus pool, equal to 76 kanal 4 marla in the hands of the plaintiff and only then, the State can utilize the area under the provisions of 'Haryana Utilization of Surplus and other Areas Scheme,1976' and then the State can dispossess her, as the State has not initiated the proceedings under Section 14 (1) of 1972 Act till date nor the co-owners have agreed to separate their shares by way of mutual consent, as some of the land owners are small land owners.

3.4 With these pleadings, plaintiff prayed for decree of declaration that she is the owner in possession of 275 kanal of land as permissible area being 5500/35901 share out of the total land measuring 1795 kanal 1 marla as detailed in the head note of the plaint; and 76 kanal 4 marla as surplus area, and that defendants be restrained permanently from dispossessing her from the aforesaid land measuring 275 kanal. Defendants are further sought to be restrained from dispossessing her from the land measuring 76 kanal 4 marla of the surplus pool, without separating the share of the plaintiff in the total land and without declaring particular Killa numbers of land as surplus area by utilizing the same under Section 14 (1) of the 1972 Act.

4. The stand of the defendant-State is that Inder Singh was entitled to 60 acres of land, which was reserved as his permissible area out of his total holding and as he transferred 1/5th share in favour of the plaintiff after 30.07.1958, therefore, plaintiff is entitled to only 12 acres of land being her