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1969 Supreme(P&H) 13

BAL RAJ TULI
Panchayat Deh, Through Sarpanch And Gram Sabha, Garhi Brahman – Appellant
Versus
Punjab Wakf Board, Ambala – Respondent


Judgment


1. This judgment will dispose of nine Regular Second Appeals Nos. 1346 to 1354 of 1965, as the points of fact and law involved are the same.

2. In the village Garhi Brahman, Tehsil Sonepat, District Rohtak, the land comprised in Khasra No. 247, which is in dispute in this case, was shown as gher mumkin kabrasthan in the Jamabandi for the year 1909-10 (Exhibit P-19) and occupier is shown as Kunjra tribe, resident of Sonepat town. This entry is repeated in Jamabandi for the year 1957-58, that is, Exhibit D-2 the land is described as gher mumkin kabrastan in the possession of Ahl-e-Islam and Panchayat, Deh, is recorded as its owner. The same entry is repeated in the Jamabandi for the year 1961-62, Exhibit D-3, equal to Exhibits P-10 to p-18. The ownership of this Khasra number throughout has been shown as that of the Panchayat Deh, in Jamabandis, Exhibits D-2 and d-3, and Shamlat Deh Hasab Rasad Raqba Khewat in Jamabandis for the years 1909-10 and 1945-46. The reason for the change of the owner from Shamlat Deh to Panchayat Deh was the coming into force of the Punjab Village Common Lands (Regulation) Act, 1954, whereunder all the lands included in the Shamlat Deh of any villag




































































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