Land owned by a religious institution is exempt from surplus declarations under Section 5-A, sustaining ownership and possession when used for charitable purposes.

JUDGMENT :

MANDEEP PANNU, J.

1. The present Regular Second Appeal has been filed by the appellant– State of Haryana, assailing the concurrent findings recorded by the Courts below whereby the suit instituted by the respondent–plaintiff, namely the Delhi Pinjara Pole Society (Registered Gaushala), has been decreed in its favour and against the defendant–State.

Brief Facts

2. The brief facts, as borne out from the pleadings of the parties, are that the plaintiff–society instituted a suit for declaration with consequential relief of permanent injunction, seeking a declaration to the effect that it is the owner in possession of the land situated in village Chhainsa Walipur Dulehpur and village Rakanpur, Tehsil Ballabhgarh, District Faridabad, as fully detailed in the plaint, and further that the defendant–State be restrained from dispossessing it therefrom or from allotting the same to any other person. It was pleaded that the plaintiff is a registered body, commonly known as a Gaushala, and its Secretary at the relevant time was Shri Padam Chand. The society, it was averred, has been established for breeding pedigree cows and to provide shelter to old and infirm cattle. It stands registered with the Central Council of Gosarveardhana, Government of India, and also with the Delhi Gaushala Sangh, Kishanganj, Delhi. According to the plaintiff, the society has been in existence for more than a hundred years and is the owner in possession of land measuring 1363 kanals 9 marlas situated in the aforesaid villages, as reflected in the Jamabandis for the years 1975–76, 1977–78 and 1978–79.

3. It was further pleaded that the land in question had originally been purchased by the office bearers of the society, namely Shiv Shankar Das and Bishan Saroop, from Mrs. Victoria Angrum through a registered sale deed dated 08.03.1913, but the purchase was always for the benefit of the society and never in their individual capacity. The society alone has been in possession and management of the land, either directly or through its tenants, and has continuously utilised the income thereof for the purposes of the Gaushala. The provisions of the Haryana Ceiling of Land Holdings Act, 1972 (hereinafter referred to as, ‘the Act’) were stated to be inapplicable since the land is neither held nor owned by an individual, but belongs to a religious and charitable institution, thereby being exempted under Section 5 of the said Act. The society alleged that the Assistant Collector, First Grade, Ballabhgarh, issued a notice dated 02.05.1988, declaring 375 acres of its land surplus under Section 12(3) of the HARYANA CEILING ON LAND HOLDINGS ACT . The said notice, according to the plaintiff, was illegal and without jurisdiction, for no land belonging to a Gaushala could be declared surplus. A similar notice issued earlier in 1981 in respect of the same land had, upon representation, been withdrawn by the authorities. Despite being in continuous possession and despite the fact that income was being devoted to maintain over 250 cows in the Gaushala at Kishanganj, Delhi, and about 150 cows at its agricultural farm in village Chhainsa, the authorities again initiated proceedings and even sought to effect a change of ownership and sanction mutation of 375 acres in favour of the defendant–State. The said action, being arbitrary and illegal, constrained the plaintiff to approach the Civil Court.

4. Upon notice, the defendant–State appeared and contested the claim by filing a written statement. It wa