Dinesh Maheshwari JUDGMENT
Abhay Manohar Sapre, J.
1. Leave granted in S.L.P.(c) No. 9723/2009.
2. These appeals are directed against the final judgment and order dated 28.01.2008 passed by the High Court of Punjab & Haryana at Chandigarh in R.S.A. Nos. 40/1984 & 2712/1987 whereby the High Court dismissed R.S.A. No. 40 of 1984 and allowed R.S.A. No. 2712 of 1987.
3. A few facts need mention for the disposal of these appeals, which involve a short point. The facts are taken from R.S.A. No. 40/1984 which arose out of C.S. No. 24-C/1979.
4. The Appellants are the legal representatives of the original Plaintiffs and the Respondents are the legal representatives of original Defendants in the Civil suit No. 24-C/1979 & Civil Suit No. 62-C/1979 out of which these appeals arise.
5. The dispute relates to 4/5th share in the land measuring 643 Bighas and 4 Biswas situated in village Umedpura, District Sirsa, State of Haryana (hereinafter referred to as "the suit land"). The suit land was subjected to ceiling proceedings under the Haryana Ceiling on Land Holdings Act, 1972 (for short, "the Act") wherein the Prescribed Authority had passed an order dated 17.10.1978 in relation to the suit land.
6. This led to filing of two civil suits by two sets of persons claiming interest in the suit land. One civil suit was C.S. No. 24-C of 1979 and other was C.S. No. 62-C of 1979.
7. So far as C.S. No. 24-C of 1979 is concerned, it was filed by the Plaintiffs in the Court of Sub-Judge III Class, Sirsa, against the Defendants. In this suit, the Plaintiffs sought a declaration that the order dated 17.10.1978 passed by the Prescribed Authority under the Act is null and void. The Trial Court, by judgment/decree dated 06.11.1981, dismissed the suit as being barred.
8. The Plaintiffs felt aggrieved and filed first appeal (C.A. 421-C/83) in the Court of Additional District Judge, Sirsa. By judgment dated 17.09.1983, the First Appellate Court dismissed the appeal and upheld the judgment/decree of the Trial Court.
9. The Plaintiffs then carried the matter in appeal (R.S.A. No. 40/1984) against the judgment/decree of the First Appellate Court in the High Court of Punjab & Haryana at Chandigarh.
10. So far as C.S. No. 62-C of 1979 is concerned, it was filed by other set of Plaintiffs. It was filed in the Court of Sub-Judge 1st Class, Sirsa against other set of Defendants, though it was also in relation to the same suit land, which was the subject of C.S. No. 24-C of 1979. In this suit also, the Plaintiffs sought a declaration that the order dated 17.10.1978 passed by the Prescribed Authority under the Act is null and void but the Trial Court, by judgment/decree dated 15.04.1985, decreed the suit.
11. The Defendants felt aggrieved and filed first appeal (C.A. 77-C/85) in the Court of Additional District Judge, Sirsa. By judgment dated 23.07.1987, the First Appellate Court dismissed the appeal. The Defendants felt aggrieved and carried the matter in appeal (R.S.A. No. 2712/1987) in the High Court of Punjab & Haryana at Chandigarh.
12. Both the second appeals were clubbed together for their disposal.
13. By a common impugned order dated 28.01.2008, the High Court dismissed R.S.A. No. 40/1984 which arose out of C.S. No. 24-C/79 and allowed RSA No. 2712/1987 which arose out of C.S. No. 62-C/1979 giving rise to filing of these appeals by special leave by the Plaintiffs of both the civil suits mentioned above in this Court.
14. So, the s........