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2006 Supreme(SC) 75

ARIJIT PASAYAT, R.V.RAVEENDRAN
Puran – Appellant
Versus
Gram Panchayat, Faridabad – Respondent


Judgment

Raveendran, J.—This is a plaintiff’s appeal against the judgment dated 19.9.2002 of the Punjab & Haryana High Court in Regular Second Appeal No. 3689 of 2002 confirming the judgment and decree of the first appellate court dated 6.8.2002 allowing defendant’s appeal and dismissing the plaintiff’s suit. The first appeal was filed by the defendant against the judgment and decree dated 16.1.2002 in Civil Suit No. 1083/1996 on the file of Civil Judge, Junior Division, Palwal decreeing the suit for a declaration that the plaintiffs are the owners in possession of the suit land (agricultural land measuring 70 Kanals and 1 Marla situated within the revenue estate of village Hassapur, Tehsil Palwal, district Faridabad, described in the plaint).

2. The appellants filed the said suit alleging that a century prior to the filing of the suit, the suit land had been entrusted by the defendant/owners of the land, to their (Appellants’) forefathers for cultivation on the understanding that they and their successors would not be evicted therefrom; that as per the local custom, such tenants became full fledged owners by acquiring occupancy rights under Sections 5 and 8 of the Punjab Tenancy Act

































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