JUDGMENT :

Deepak Gupta, J.

1. Unsuccessful defendants have approached this Court by way of the present Regular Second Appeal, inasmuch as suit filed by the plaintiffs Kartar Singh etc. (contesting respondents herein) seeking decree of permanent injunction with alternative prayer for possession of the suit land, was decreed by the trial court on 17.02.2011; and the appeal filed by the defendants-appellants was dismissed by the appellate Court on 20.08.2014.

2. Trial Court record was called. The same has been perused. In order to avoid confusion, parties shall be referred as per their status before learned trial Court.

3.1 One Mai Ram was owner in possession of agricultural land measuring 426 kanal 10 marla situated within the revenue estate of village Chandi Tehsil Meham District Rohtak. Out of this, 78 kanal 5 marla of land in the hands of his son Ram Dutt was declared surplus on 01.01.1960 under the provisions of Punjab Security of Land Tenure Act, 1953. However, land remained unutilized by the State. Thereafter, Ram Dutt son of Mai Ram suffered Civil Court decree dated 30.03.1970 qua 3/4th share in the said land in favour of his wife and sons namely Rukmani, Balkishan and Hazari Lal in equal share and based thereon, mutation was sanctioned on 23.05.1971.

3.2 In the meantime, State of Haryana enacted 'The Haryana Ceiling on Land Holdings Act, 1972'. After coming into force of the said Haryana Ceiling on Land Holdings Act, Ram Dutt filed a fresh declaration on 29.07.1976 before the prescribed authority and the said authority on 19.12.1977 declared that there was no surplus land. However, in the meantime, the prescribed authority by relying upon the original order, allotted 78 kanal 5 marla of land to Meda son of Shiv Charan on 3.6.1978. Mutation No.5429 dated 22.06.1979 (Ex.P11) was sanctioned in the favour of Haryana Government in respect of 78 kanal 5 marla of land based by virtue of notification No.18 under the Land Holdings Act from earlier recorded owners Ram Dutt, Rukmani, Balkrishan and Hazari.

3.3 Ram Dutt etc. moved application before the prescribed authority to exempt their surplus area and to declare it as their permissible area. The application was dismissed by the prescribed authority on 07.07.1994 but the appeal filed by them was accepted by the Collector on 27.03.1995 and that order was confirmed in revision by the Commissioner on 31.12.1997. Against the orders of Collector and Commissioner, allottee Meda Ram filed further revision before the Financial Commissioner, which was accepted on 09.03.1999. The order of Financial Commissioner dated 09.03.1999 was challenged by the defendants/Ram Dutt etc. before Hon'ble High Court vide CWP-6748-1999. However, said writ petition was dismissed on 10.02.2001 (Ex.P10). Even the SLP filed by land owners Ram Dutt etc. was dismissed as withdrawn by Hon'ble Supreme Court. On the basis of allotment in favour of Meda, mutation N: 6821K (Ex.P1) was sanctioned on 13.12.2001 after the decision of the Financial Commissioner and that of Hon'ble High Court vide Ex.P10; and the possession was delivered to Meda vide Rapat No.312 dated 15.06.1994 (Ex.P2).

3.4 In the meantime, the land owners Ram Dutt etc. had sold the suit land measuring 26 kanal 12 marla (forming part of 78 Kanal 5 Marla allotted to Meda Ram) along with other land in favour of defendants by virtue of a sale deed dated 29.01.1998 (Ex.Dl). After the decision (Ex.P10) of Hon'ble High Court, said purchasers i.e. defendants filed a fresh application before the prescribed authority for exempting their land from the surplus pool. Said application was dismissed by the prescribed authority on 15.09.2002 and the appeal filed by the defendants was dismissed by the Collector vide order dated 13.08.2005 (Ex.P3).

3.5 In the meantime, Meda - the allottee of the land, sold suit land to the extent of 26 kanal 12 marla in favour of plaintiffs by virtue of a registered sale deed dated 01.07.2005 Ex.P5 for consideration of Rs. 18 lakhs.

3.6 Based u