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1977 Supreme(SC) 68

P.K.GOSWAMI, P.N.SHINGHAL
Sukhdev Singh – Appellant
Versus
Gram Sabha Bari Khad – Respondent


Advocates:
ARUN JAIN, Arvind Minocha, GOKAL CHAND MITTAL, J.D.JAIN, K.L.GOSAI, K.MIGLANI, N.N.GOSWAMY

Judgment

SHINGHAL, J. :- The plaintiffs who have been unsuccessful in the trial Court, the court of first appeal, and the High Court in second appeal, have filed the present appeal by special leave. They raised their suit for a declaration that the suit land continued to be in their ownership in spite of the provisions of the Punjab Village Common Lands (Regulation) Act. 1961, hereinafter referred to as the Act. They pleaded that the land had been purchased by their ancestor Udham Singh, who founded the village, for Raja Sansar Chand of Dholwaha, some time before 1884, and that some other land was gifted to him by one Smt. Dhani. They claimed that what they had thus acquired was not "shamlat deh" within the meaning of clause (g) of Section 2 of the Act because it was excluded by virtue of sub-clauses (iv) of the proviso to the clause. That contention has been negatived all through, and the short question for decision is whether any interference is called for with that view.

2. It has not been disputed before us that the land in question was described in the revenue records as "shamlat deh", and excluded "abadi deh". That has in fact been amply proved by the jama-bandi of the year 191





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