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1996 Supreme(SC) 757

M.M.PUNCHHI, SUJATA V.MANOHAR
Gram Panchayat Of Village Mundhal Khurd – Appellant
Versus
Amar Singh – Respondent


(1) A learned Single Judge of the Punjab and Haryana High Court reversed in second appeal the two decisions of the courts below on the strength of a Full Bench decision of that Court in Gram Panchayat, Sadhraur v. Baldev Singh to hold that the suit land being shown in revenue records to be owned by the shareholders of the three tholas belonged to those shareholders and not to the village community, or a part thereof, as the concept is known to the Punjab Village Common Lands (Regulation) Act, 1961 (for short "the Act"). The instant appeal is to challenge that view.

(2) THE suit land is described in the revenue papers to be "in possession of the proprietors" of tholas. Three persons of those tholas joined together to institute a suit for declaration to the effect that the suit land was owned and possessed by the plaintiffs and other shareholders of the tholas which was being used in the interest of the tholas and not for the common purpose of the village community, and hence not "shamlat deh" in order to vest in the Gram Panchayat. The suit ex facie was in a representative character and was instituted against the Gram Panchayat, asserting title to it challenging the




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