There was a family settlement/partition between father and sons in 1953 which is listed in family bahi and sons are reflected as cultivator in the zamabandi on the same units of land which is divided among them in family partition and still the land was declared as surplus without giving any notice to sons in 1959 under Punjab Act. Only notice was given to land owner and all the three sons of him (petitioners) filed an objection against surplus order but collector neither pass any order on objection and nor do any hearing.
We are fighting since then in collector courts (FCR) and now the case is in High Court because Haryana Govt not considered our 1953 family settlement/partition.
My question :- Is a family settlement/partition which is listed in family bahi and reflect in zamabandi (in cultivator column not in the owner column) is validate by Haryana surplus Act or by the court at any time.
Moreover petitioner was adults when the land was declared surplus and no notice was given to them and no order was passed against their objection.
