SAO No.40 of 20 163 IN THE HIGH COURT OF PUNJAB AND HARYANA Manphool Singh (deceased) through LRs and ors. Shree Lal and others CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Mr. Aayush Bansal, Advocate for the Mr. for the respondent HARKESH MANUJA, J. (Oral) CM-9597-CII-2026 This is application for staying the further proceedings before the learned Trial Court. Learned counsel for the applicants/ appellants does not press the application, however, prays that the main case may today. To the aforesaid, learned counsel for the respondents does not raise any objection. Dismissed as withdrawn. of 2026(O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-9597 SAO No. 40 of 2026 (O&M) Date of Decision: Manphool Singh (deceased) through LRs and ors. Vs Lal and others HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Sanjiv Gupta, Sr. Advocate with Mr. Aayush Bansal, Advocate for the applicants/appellants. Mr. P.K. Ganga, Advocate for the respondents. **** HARKESH MANUJA, J. (Oral) 2026 This is application for staying the further proceedings before the learned Trial Court. Learned counsel for the applicants/ appellants does not press the application, however, prays that the main case may To the aforesaid, learned counsel for the respondents does not raise any objection. Dismissed as withdrawn. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 9597-CII-2026 IN/AND SAO No. 40 of 2026 (O&M) Date of Decision: 13.07.2026 ......Appellants …..Respondent HON'BLE MR. JUSTICE HARKESH MANUJA Sanjiv Gupta, Sr. Advocate with This is application for staying the further proceedings before the Learned counsel for the applicants/ appellants does not press the application, however, prays that the main case may kindly be heard To the aforesaid, learned counsel for the respondents does not 1 Appellants …..Respondents This is application for staying the further proceedings before the Learned counsel for the applicants/ appellants does not press kindly be heard To the aforesaid, learned counsel for the respondents does not SANJAY GUPTA 2026.07.17 11:55 I attest to the accuracy and integrity of this document SAO No.40 of 20 However, on the oral request of counsel for the parties, the date of hearing in the main case is preponed from 29.07.2026 a board today itself. MAIN CASE: By way of present appeal, challenge has been laid to the order dated 25.03.2026 passed by the learned Additional District Judge, Sirsa (hereinafter referred to as “the First Appellate Court” matter was remanded to the learned Trial Court for its fresh adjudication upon setting aside the judgment and decree dated 24.03.2021 passed by the learned Civil Judge (Junior Division), Sirsa ( “the Trial Court” 2. Briefly declaration against the appellants/ defendants, with the following prayer: of 2026(O&M) However, on the oral request of counsel for the parties, the date of hearing in the main case is preponed from 29.07.2026 a board today itself. By way of present appeal, challenge has been laid to the order dated 25.03.2026 passed by the learned Additional District Judge, Sirsa hereinafter referred to as “the First Appellate Court” matter was remanded to the learned Trial Court for its fresh adjudication upon setting aside the judgment and decree dated 24.03.2021 passed by the learned Civil Judge (Junior Division), Sirsa ( Court”). Briefly stating, the respondents/ plaintiffs filed a suit for declaration against the appellants/ defendants, with the following prayer: “12. Hence, prayed that a decree for declaration to the effect that the plaintiffs are owners of land measuring 72 Kanal 2 Marlas comprised in Sq. No.53 Killa No.2 (8-0), 23 (8-0), 24 (8-0), Sq. No.72 Killa No.3 Min (6 4 Min (6-0), 3 Min (2-0), 4 Min (2 (8-0), 14(8-0), Khasra No.361 (0 Khatuni No.63, Khewat No.43 Khatuni No.66, Khew No.45 Khatuni No.68 as per Jamabandi for the year 2011-12 situated at Village Khai Shergarh Tehsil and District Sirsa and the defendants are Gair Marusi tenants over the aforesaid land on payment of Bata Tihai and further for declaration to the effect t exparte order dated 31 Shri V. Raja Shekhar, IAS, Assistant Commissioner, exercising the powers of Assistant Collector, 1st Grade, Sirsa in case titled as "Manphool and others However, on the oral request of counsel for the parties, the date of hearing in the main case is preponed from 29.07.2026 and taken up on By way of present appeal, challenge has been laid to the order dated 25.03.2026 passed by the learned Additional District Judge, Sirsa hereinafter referred to as “the First Appellate Court”), whereby the matter was remanded to the learned Trial Court for its fresh adjudication upon setting aside the judgment and decree dated 24.03.2021 passed by the learned Civil Judge (Junior Division), Sirsa (hereinafter referred to as stating, the respondents/ plaintiffs filed a suit for declaration against the appellants/ defendants, with the following prayer:- Hence, prayed that a decree for declaration to the effect that the plaintiffs are owners of land measuring las comprised in Sq. No.53 Killa No.2 0), Sq. No.53 Killa No.2 0), Sq. No.72 Killa No.3 Min (6-0), 0), 4 Min (2-0), 7(8-0), 8(8-0), 13 0), Khasra No.361 (0-2) vide Khewat No.40 Khatuni No.63, Khewat No.43 Khatuni No.66, Khew No.45 Khatuni No.68 as per Jamabandi for the year 12 situated at Village Khai Shergarh Tehsil and District Sirsa and the defendants are Gair Marusi tenants over the aforesaid land on payment of Bata Tihai and further for declaration to the effect that the exparte order dated 31-03-1992 passed by the court of Shri V. Raja Shekhar, IAS, Assistant Commissioner, exercising the powers of Assistant Collector, 1st Grade, Sirsa in case titled as "Manphool and others 2 However, on the oral request of counsel for the parties, the date nd taken up on By way of present appeal, challenge has been laid to the order dated 25.03.2026 passed by the learned Additional District Judge, Sirsa ), whereby the matter was remanded to the learned Trial Court for its fresh adjudication upon setting aside the judgment and decree dated 24.03.2021 passed by hereinafter referred to as stating, the respondents/ plaintiffs filed a suit for - Hence, prayed that a decree for declaration to the effect that the plaintiffs are owners of land measuring las comprised in Sq. No.53 Killa No.2 0), 0), 13 2) vide Khewat No.40 Khatuni No.63, Khewat No.43 Khatuni No.66, Khewat No.45 Khatuni No.68 as per Jamabandi for the year 12 situated at Village Khai Shergarh Tehsil and District Sirsa and the defendants are Gair Marusi tenants over the aforesaid land on payment of Bata- hat the 1992 passed by the court of Shri V. Raja Shekhar, IAS, Assistant Commissioner, exercising the powers of Assistant Collector, 1st Grade, Sirsa in case titled as "Manphool and others SANJAY GUPTA 2026.07.17 11:55 I attest to the accuracy and integrity of this document SAO No.40 of 20 3. The civil suit the same was dismissed by the learned Trial Court vide a detailed judgment and decree dated 24.03.2021. Aggrieved thereof, the respondents/ plaintiffs preferred first appeal, which was decided by the learned First Appellate Court vide order dated 25.03.2026, setting aside the judgment and decree dated 24.03.2021 and remanding the matter to the learned Trial Court for its fresh adjudication. Hence, the present appeal. 4. I have heard learned counsel for the p the paper-book. 5. A perusal of the First Appellate Court shows that it upon appreciation of the pleadings and the on record as well as three contested issues between the parties, namely: of 2026(O&M) Vs. Mohni Bai and others" vide which the 1st Grade, Sirsa had granted the occupancy rights to the defendants regarding the aforesaid land, is wrong, incorrect, illegal, against law, unlawful, without jurisdiction, without authority, null and void, inoperative, ineffective and is liable the subsequent revenue records updated on the basis of the aforesaid exparte order dated 31 also wrong, incorrect and are liable to be corrected and as a consequential relief of permanent injunction restraining the defendan the aforesaid land in any manner or creating any charge/lien over the same, may kindly be passed in favour of the plaintiffs and against the defendants with cost of the suit, in the interest of justice.” The civil suit was contested by the appellants/ defendants and the same was dismissed by the learned Trial Court vide a detailed judgment and decree dated 24.03.2021. Aggrieved thereof, the respondents/ plaintiffs preferred first appeal, which was decided by the First Appellate Court vide order dated 25.03.2026, setting aside the judgment and decree dated 24.03.2021 and remanding the matter to the learned Trial Court for its fresh adjudication. Hence, the present appeal. I have heard learned counsel for the p book. A perusal of the order dated 25.03.2026 passed by the learned First Appellate Court shows that it went on to record upon appreciation of the pleadings and the on record as well as on the appreciation of three contested issues between the parties, namely: Vs. Mohni Bai and others" vide which the Learned AC 1st Grade, Sirsa had granted the occupancy rights to the defendants regarding the aforesaid land, is wrong, incorrect, illegal, against law, unlawful, without jurisdiction, without authority, null and void, inoperative, ineffective and is liable to be set aside and the subsequent revenue records updated on the basis of the aforesaid exparte order dated 31-03-1992 are also wrong, incorrect and are liable to be corrected and as a consequential relief of permanent injunction restraining the defendants from alienating/ transferring the aforesaid land in any manner or creating any charge/lien over the same, may kindly be passed in favour of the plaintiffs and against the defendants with cost of the suit, in the interest of justice.” was contested by the appellants/ defendants and the same was dismissed by the learned Trial Court vide a detailed judgment and decree dated 24.03.2021. Aggrieved thereof, the respondents/ plaintiffs preferred first appeal, which was decided by the First Appellate Court vide order dated 25.03.2026, setting aside the judgment and decree dated 24.03.2021 and remanding the matter to the learned Trial Court for its fresh adjudication. Hence, the present appeal. I have heard learned counsel for the parties and gone through dated 25.03.2026 passed by the learned went on to record findings on merits, upon appreciation of the pleadings and the other relevant material available appreciation of law applicable thereto, on the three contested issues between the parties, namely: 3 Learned AC 1st Grade, Sirsa had granted the occupancy rights to the defendants regarding the aforesaid land, is wrong, incorrect, illegal, against law, unlawful, without jurisdiction, without authority, null and void, to be set aside and the subsequent revenue records updated on the basis 1992 are also wrong, incorrect and are liable to be corrected and as a consequential relief of permanent injunction ts from alienating/ transferring the aforesaid land in any manner or creating any charge/lien over the same, may kindly be passed in favour of the plaintiffs and against the defendants with was contested by the appellants/ defendants and the same was dismissed by the learned Trial Court vide a detailed judgment and decree dated 24.03.2021. Aggrieved thereof, the respondents/ plaintiffs preferred first appeal, which was decided by the First Appellate Court vide order dated 25.03.2026, setting aside the judgment and decree dated 24.03.2021 and remanding the matter to the arties and gone through dated 25.03.2026 passed by the learned findings on merits, material available law applicable thereto, on the SANJAY GUPTA 2026.07.17 11:55 I attest to the accuracy and integrity of this document SAO No.40 of 20 (i) (ii) (iii) In such circumstances, there was no valid reason for the learned First Appellate Court to have remanded the matter to the learned Trial Court for its fresh adjudication especially were duly considered and decided on merits. 6. Moreover, having recorded findings on merits and having set aside the judgment and decree dated 24.03.2021 trial Court, no reason at all was recorded by the learned Court as to why the matter was being remanded to the learned Trial Court for fresh adjudication. 7. Accordingly, is allowed and the order dated 25.03.2026 passed by the learned First Appellate Court is hereby set aside. The matter is sent back to the learned First Appellate Court to decide CA/47/2021 parties and considering the pleadings and record. 8. The parties are directed to appe Appellate Court on 09.08.2026. of 2026(O&M) Whether the revenue authority had jurisdiction to declare the occupancy rights of the appellants/defendants over the suit property; Whether the appellants/defendants held occupancy rights over the suit property; and (iii) Whether the suit for decla plaintiffs was within limitation. In such circumstances, there was no valid reason for the learned First Appellate Court to have remanded the matter to the learned Trial Court for its fresh adjudication especially considered and decided on merits. Moreover, having recorded findings on merits and having set aside the judgment and decree dated 24.03.2021 , no reason at all was recorded by the learned Court as to why the matter was being remanded to the learned Trial Court for fresh adjudication. Accordingly, from the discussion made hereinabove, is allowed and the order dated 25.03.2026 passed by the learned First ate Court is hereby set aside. The matter is sent back to the learned First Appellate Court to decide CA/47/2021 parties and considering the pleadings and The parties are directed to appe Appellate Court on 09.08.2026. hether the revenue authority had jurisdiction to declare the occupancy rights of the appellants/defendants over the suit hether the appellants/defendants held occupancy rights hether the suit for declaration filed by the respondents/ plaintiffs was within limitation. In such circumstances, there was no valid reason for the learned First Appellate Court to have remanded the matter to the learned Trial Court for its fresh adjudication especially when all the material issues considered and decided on merits. Moreover, having recorded findings on merits and having set aside the judgment and decree dated 24.03.2021 passed by the learned , no reason at all was recorded by the learned First Appellate Court as to why the matter was being remanded to the learned Trial Court from the discussion made hereinabove, the appeal is allowed and the order dated 25.03.2026 passed by the learned First ate Court is hereby set aside. The matter is sent back to the learned First Appellate Court to decide CA/47/2021 on its own, after hearing the parties and considering the pleadings and the evidence available on The parties are directed to appear before the learned first 4 hether the revenue authority had jurisdiction to declare the occupancy rights of the appellants/defendants over the suit hether the appellants/defendants held occupancy rights ration filed by the respondents/ In such circumstances, there was no valid reason for the learned First Appellate Court to have remanded the matter to the learned l the material issues Moreover, having recorded findings on merits and having set passed by the learned First Appellate Court as to why the matter was being remanded to the learned Trial Court the appeal is allowed and the order dated 25.03.2026 passed by the learned First ate Court is hereby set aside. The matter is sent back to the learned on its own, after hearing the evidence available on ar before the learned first SANJAY GUPTA 2026.07.17 11:55 I attest to the accuracy and integrity of this document SAO No.40 of 20 9. However, n an expression of opinion on the merits findings to be recorded by the learned First Appellate Court. 10. The learned First Appellate Court is matter within three months from the next date of hearing 11. Pending miscellaneous application(s), if any, shall also stand disposed of. 13.07.2026 sanjay Whether speaking/reasoned Whether reportable of 2026(O&M) However, nothing observed hereinabove shall be construed as an expression of opinion on the merits or cause any prejudice to the findings to be recorded by the learned First Appellate Court. he learned First Appellate Court is matter within three months from the next date of hearing Pending miscellaneous application(s), if any, shall also stand Whether speaking/reasoned Whether reportable othing observed hereinabove shall be construed as or cause any prejudice to the findings to be recorded by the learned First Appellate Court. he learned First Appellate Court is requested to decide the matter within three months from the next date of hearing. Pending miscellaneous application(s), if any, shall also stand (HARKESH MANUJA) JUDGE Yes/No Yes/No 5 othing observed hereinabove shall be construed as or cause any prejudice to the to decide the Pending miscellaneous application(s), if any, shall also stand SANJAY GUPTA 2026.07.17 11:55 I attest to the accuracy and integrity of this document