High Court of Punjab and HaryanaRSA/2486/1991dismissed

(O&M) Ranjit Singh And Others v. State Of Haryana And Others

2024-11-14Mr. Justice Vinod S. Bhardwaj25 pages

RSA-2486-1991 (O&M)

!"!

RANJIT SINGH (DECEASED) THROUGH HIS LRS AND ANOTHER

STATE OF HARYANA AND ANOTHER

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/ 1 Whether the impugned orders dt.1861985, 10.12.1985 and 851987 are liable to be setaside, as alleged?OPP.

2 If issue No.1 is proved whether the plaintiffs are entitled to injunction as prayed for?OPP 3 Whether the suit is barred by Section 26 of the Ceiling on Land Holding Act, 1972, If so to what effect?OPD 4 Whether the suit is time barred?OPD 5 Whether the suit is under valued for the purpose of court fee and jurisdiction.?OPD 6Whether the plaintiffs have no cause of action to file the present suit ?OPD 7 Whether the suit is bad for misjoinder and non joinder of necessary parties?OPD 8 Whether the suit is bad for want of notice u/s 80 of the C.P.C.?0PD 9 Whether the plaintiffs have no locusstandi to file the present suit?OPD.

10 Whether the suit is not maintainable in the present form?OPD.

11. Relief.

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8 The burdon to prove this issue was on the plaintiffs. It was for the plaintiffs to prove that impugned order dated 1861985 passed by the Prescribed Authority Dabwali, order dated 10121985 passed by the Collector, Sirsa and order dated 851987 passed by the Commissioner Hisar, Division Hisar are liable to be set aside The plaintiffs in support of their case have examined Ranjit Singh one of the plaintiffs as P.W.1 who has deposed on oath that under a wrong legal impression the plaintiffs had submitted two declaration forms separately under section 9 of the Haryana Ceiling on Land Holding Act. But thereafter 6.01 0.A. area of each of the plaintiffs was declared surplus by the Prescribed Authority Dabwali vide his order dated 1861985 against that order the plaintiffs filed appeal before Collector, Sirsa and revision before Commissioner

. Hissar Division Hissar. But the same were also dismissed. He has further deposed that the plaintiffs used to reside jointly. The plaintiffs in support of their case also relied upon the order dated 10121985 passed by the prescribed Authority Dabwali as Ex.P1, order dated 18.6.1985 passed by Prescribed Authority, Dabwali as Ex. P2, order of revision passed by Hisar Commissioner, Hisar as Ex. P3, order dated 8.5.1987 passed by Commissioner Hisar as Ex. P4, notice as Ex. P5, postal receipt as Ex. P6, jamabandi for the year 198687 as Ex. P7, jamabandi for the year 197576 ав Ex. P8, jamabandi for the year 199091 as Ex.29, jamabandi for the year 197071 as Ex. P10. On the other hand the defendants to rebut oral as well as documentary evidence of the plaintiffs, the State examined Bhagwan Dass Patwari (Surplus) as D.

W1, who has deposed on oath that the impugned orders are in accordance with law and the 6.01 0.A. land of each of the plaintiffs was rightly declared surplus and the plaintiffs did not constitute a statutory family with their mother Smt. Parsan Kaur whereas the plaintiffs used to reside separately and they submitted separate declaration forms under Section 9 of the Haryana Ceiling on Land Holding Act (hereinafter to be called as the Act). The state in support of its case also relied upon order dated 18.6.1985 passed by the prescribed Authority Dabwali as Ex. DA.

9 The plaintiffs have challanged the impugned orders on the grounds that Prescribed Authority Dabwali Collector, Sirsa and Commissioner Hisar Division Hisar after ignoring the facts on the record passed the impugned wrong and illegally orders and they wrongfully pre sumed that the plaintiffs used to reside separately

0 whereas the plaintiffs filed two declaration form separately under wrong legal impression, therefore, the impugned orders may kindly be set aside. During course of arguments, the learned counsel for the plaintiffs pointed out the statement of DW1. Bhagwan Dass Patwari (Surplus) wherein he has admitted that if the unit of the plaintiff with their mother Smt. Parsan Kaur is taken one, no land of the plaintiff will be surplus and the Prescribed Authority has wrongly declared the land of the plaintiff as surplus. It is admitted case of both the parties that the impugned orders are quasi judicial and could have been passed after hearing both the parties. Both the parties were allowed to lead evidence in support of their respective contentions. Thereafter the Ld. prescribed authority Dabwali, Ld. Collector Sirsa and Ld.

Commissioner Hisar Division, Hisar turn down the requests of the plaintiffs to be treated their family as joint with their mother Smt. Parsan Kaur. In the case in hand also except the oral statement of one of the plaintiffs Ranjit Singh PW1 there is no other evidence on the record to corroborate the statement of Ranjit Singh PW1. Ld.counselfor the defendants has submitted that the solitary statement of PW1 is not sufficient to prove that the plaintiffs constitute one unit with their mother Smt. Parsan Kaur. Since the oral statement of PW1 stands well rebutted by the oral statement of DW1. The plaintiff by producing the ration card and voter list etc. could easily prove that the plaintiffs constitute only one unit with their mother Smt. Parsan Kaur and they used to reside jointly, not separately.

The plaintiffs even failed to examine any respectable person from the village to corroborate his statement.

plaintiffs constituted a joint family with their mother Smt Parsan Kaur. Had the plaintiff produced the ration card and the voter list, in that eventuality, the case of the plaintiff would have become crystal clear but the best evidence of the village community and ration card and voter list has been withhold by the plaintiffs. Therefore, the presumption under Section 114 of the Indian Evidence Act goes against the plaintiffs.

10 In the light of my above discussion and findings the plaintiffs have miserably failed to prove that they used to reside jointly with their mother Smt. Parsan Kaur on the appointed date. The plaintiffs voluntarily submitted their application form and they were admittedly major on the date of furnishing their declaration form. It is settled law that ignorance of law is no excuse. Had the plaintiffs used to reside with their mother Smt. Parsan Kaur then they might have not submitted their separate declaration form and joint declaration form would have filed by their mother parsan Kaur. Since the impugned orders have been passed by the Competent Authorities after affording the opportunity of bearing hear. In these circumstances, the plaintiffs have failed to prove that the orders dated 1861985, 10121985 and 851987 are illegal and noticeable to be set aside.

11. On the other hand, by the evidence led by the defendant and it is admitted by the plaintiff that since the impugned orders have passed after affording an opportunity of being heard to both the parties. Therefore, defendants have been able to prove that the orders are legal and not liable to set aside. Hence I decide this issue against the plaintiffs and in favour of the defendants.

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4*% &&" &&#5 , & % "9. The learned counsel for the appellants urged that findings of the trial court on issues No. 1 & 3 were liable to be reversed. It was argued that the impugned orders dated. 18.6.1985, 10.12.1985 and 8.5.1987 passed by the Authorities under the act were null and void in as mich as the Authority should have treated the declarationform submitted by the mother of the appellants an valid as she was a member of the family of the appellants. It was argued that in case this declaration form was admitted, then no area in the hands of the appellants could be treated as surplus.

The counsel vehemently argued that the appellants should not have been punished by the Authorities under the act simply because under mistaken advice they had initially submitted their separate declaration forms without claiming jointness with their mother. He further argued that the appellants were not given proper opportunity by the Authorities under the act to show that they were residing jointly with their mother. It was further argued that even otherwise there was a presumption of jointness of a Hindu family and this aspect should not have been ignored by the Authorities under the Act. The counsel, therefore, prayed for declaring the impugned orders dated 18.6.1985, 10.12.1985 and 8.5.1987 as null and void in the eyes of law.

/ jurisdiction under the act or they while deciding the matter went beyond the provisions of the Act. 10.

I am, therefore, afraid to accept. this contention of the learned counsel for the 'appellants. This is because both the appellants and their mother were having separate landholdings in their names. As mother of the appellants was having in her occupation the land with in the prescribed limits under the Act, so she did not file declarationform under the Act in the beginning. She attempted to save the land of her sons from going to the surplus pool later on by filing a separate declaration form. It was rightly discarded by the Authorities under the Act. Under section 9 of the Act, selection of permissible area has to be made by furnishing declaration form within a specified period. There is no reason as to why Smt. Parsin Kaur did not file this declaration form in time.

The Authorities have rightly observed in the impugned orders that she was holding land in her nam within the permissible limit and for this reason she did not need to file the same earlier but later on with a view to save the land of her sons, she came forward with a false declarationform. The Authorities under the act vere empowered to take this view, which was taken by them after hearing the concerned parties. I find absolutely no irregularity or illegality in this approach.

11 The matter can be looked yet from another angle. If Smt. Parsin Kaur's declaration form, is admitted as genuine, then also her land measuring 67 kanals 5 marlas would have been treated as her permissible area. In that situation, she could claim two separate units for her two adult sons, who are the appellants. Even in that

3 situation, the area in the hands of the appellants could not be saved from going to the surplus pool. Each of the appellant could retain only the permissible area out of their individual holdings and that is exactly what has been done in this case.

12.

If converse situation is taken, then also the appellants cannot derive any benefit. This is because if the declarationforms of the appellants are processed in their names, then in that situation their mother would not be a member of their family. The definition of family is given in section 3(f) of the Act. Under this definition term 'family' means husband, wife and their minor children or any two or more of them. Mother is, thus, not a member of the family as per definition of section 3 (f) of the Act. It has to be noted that this definition does not conform to any kind of natural familities prevelant in the State like a Hindu undivided family, known to Hindu law or any family under the Muslim Law etc. The Legislature has purposely adopted a artificial definition of family, witch in only applicable to the Act.

Thus mother being no a member of the family of the appellants under the Act, they cannot take any advantage, even from the fact that she was living jointly with them. Nor they can claim any separate unit as the term separate unit has been defined under section 3(q) of the Act. Under this definition 'separate unit' means an adult son living with his parents or either of them and in case of his death, his widow and children, if any. Thus the appellants cannot claim separate unit also after including their mother in their declarationforms.

8 then also in that situation the land of the appellants cannot be saved from going to the surplus pool. 13.

Counsel for the appellants also placed reliance upon the authority

From this authority, no help is to be derived by the appellants. This case before the High Court of Orissa had arisen under Orissa Land Reforms Act, 1960. May be, the provisions of the said Act were different from the provisions of our Act. Moreover, a perusal of this judgment rendered by the High Court of Orissa shows that even under 'Orissa Land Reforms Act, 1960, a widowed mother cannot be a member of the family. Thus instead of helping the appellants, this authority rather goes against them.

14.

No other point was urged before me. In the net result, I find that the appellants have not been able to show as to how the orders dated 18.6.1985, 10.12.1985 anxi 08. 05.1987 rendered by the Authorities under the act were null and void in any manner. Further the counsel for the appellants has not been able to show as to how the civil Court had the jurisdiction to try the suit in view of the bar created by section 26 of the Act. Under Section 26 of the Act, it is laid down that no orders of the Authorities made under or in pursuance of the Act, shall be called in question before any civil court. I, therefore, affirm the findings of the court below on both these issues.

15.

No other point was urged before me. As a result of affirmation of the findings of the court below on issues No. 1 & 3, it follows that this appeal has to be

. dismissed and the same is accordingly dismissed hereby with costs. The trial court judgment and decree are maintained. Decreesheet be prepared accordingly and the file be consigned to recordroom. @ )#%

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