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2006 Supreme(SC) 863

A.K.MATHUR, TARUN CHATTERJEE
Gram Panchayat, Vill Haripura – Appellant
Versus
Commissioner, Ferozepur Division – Respondent


JUDGMENT

A.K. Mathur, J.—Both these appeals involve common questions of law & fact therefore, they are disposed of by this common order.

2. For convenient disposal of these appeals, the facts given in C.A.No.433 of 2000 are taken into consideration.

This appeal is directed against the order dated 21.7.1998 passed by learned Division Bench of the High Court of Punjab & Haryana. The Division Bench disposed of C.W.P. No.11059 of 1998 and C.W.P.No.11066 of 1998 both by this order. The Division Bench took the view that by virtue of Section 8 of the Punjab Security of Land Tenures Act, 1963, (hereinafter to be referred to as the Act of 1963) tenancy does not come to an end on change of ownership or even on the death of the land owner. It was also held that the appellants became the owner of the disputed land and the contesting respondents were tenants. This finding of fact was given on the basis of the jamabandi i.e. revenue records. In jamabandi it was recorded that the respondent was a tenant on payment of Rs.64/- per kila sal tamam i.e. for one year. It further observed that after the Gram Panchayat became the owner it was receiving the rent from the contesting responden
























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