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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Ladhu (deceased) through his LRs – Appellant
Versus
Rai Singh – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
This common judgment shall dispose of four Regular Second Appeals and three Civil Revisions, as all the matters arise out of a common factual background and involve overlapping questions of law and fact.
2. For the sake of clarity and convenience, the parties shall be referred to as per their original status before the trial Court. Trial Court record of all the cases was requisitioned and has been perused.
3. It emerges on perusal of the record that Moman son of Sadasukh was a big landowner in village Gindran, Tehsil Dabwali, District Sirsa. Apart from wife Smt. Bhuri, he had four sons namely, Nathu Ram, Mani Ram, Hari Singh and Shiv Prakash.
4.1 This entire lis originates from proceedings initiated under the surplus area law against Moman. The Collector (Surplus Area), Sirsa, vide order dated 30.05.1961 (reviewed on 13.06.1962), declared Moman to be a big landowner. Out of his holding, 106.65 ordinary acres were declared as tenants’ permissible area and 179.95 ordinary acres were declared surplus in village Gindran. Thereafter, by order dated 13.06.1962 passed in Case No.439 titled ‘State v. Moman’, the competent authority treated land, including the portion
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