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2013 Supreme(P&H) 778

Jasbir Singh, G.S.Sandhawalia
Sarwan Singh – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioners:Mr. Vikram Singh, Advocate.
For the Respondents No. 1 to 3: Mr. D. Khanna, Addl. A.G., Haryana.
For the Respondent No. 4:Mr. Kamal Sehgal, Advocate.

JUDGMENT

Mr. Jasbir Singh, J. (Oral):- Petitioners have laid challenge to an order dated 10.02.2009 dismissing their title suit filed under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1962 (in short ‘the Act’). They have also challenged order dated 26.08.2009 (Annexure P-9) dismissing their appeal. Further challenge has been laid to an order dated 25.08.2010 vide which, their revision petition was dismissed.

2. Petitioners have filed above said suit in a representative capacity stating that they, alongwith others, are the right holders in vast track of land which was shown in the revenue record under the ownership of Shamlat Deh Hasab Hissa Mandarja Paimana Hakiyat. It was their case that the above said land was not reserved for any common purpose and is in cultivating possession of the right holders.

3. To note down their exact claim, it is necessary to reproduce para nos. 3 to 5 of the application filed by them under Section 13-A of the Act which read as under:-

“3. That the suit land is recorded as Shamlat land in village Nada. A settlement took place in the village. A separate khewat was carved out which was kept as Shamlat deh and separate khewat was carv


















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