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1996 Supreme(P&H) 1233

M.S.LIBERHAN, M.L.SINGHAL
Naurang Singh (Died) – Appellant
Versus
State Of Punjab – Respondent


Judgment

M.S.Liberhan, J.

1. The instant proceedings originated in a petition filed by the respondent-Gram Panchayat to be put in possession of the land in dispute under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (herein after referred to as the Act). Appositely the facts emerging from the pleadings of the parties and the undisputed inferences put during the jourse of arguments run as under :

2. Respondent-Gram Panchayat sought to be put in possession of the land in dispute in 1967, under Section 7 of the Act, as was then applicable. It was contended that the land in dispute vested in Gram Panchayat, and predecessor-in-interest of the petitioner who was none else than his father, was claimed to be in un-authorised possession of the said land and so the petitioner continued as such. Consequently, the Gram Panchayat Claimed to be put in possession. The Assistant Collector vide his order dated 4.5.1967 dismissed the petition observing that "from the evidence produced by Shri Naurang Singh, it is evident that he bought land on 15th Jeth 1966 BK alongwith share of Shamlat land which falls as 12 bighas 13 biswas, so acquired this land prior to the enforcement of t














































































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