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2015 Supreme(P&H) 1511

RAJ MOHAN SINGH
Jagmal Singh – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Appellant:Mr. S.S. Swaich, Advocate.
Mr. Sidharth Sanwaria, D.A.G. Haryana.

JUDGMENT

Mr. Raj Mohan Singh, J.: (Oral) - This appeal has been filed, challenging judgments and decrees passed by both the Courts below. Plaintiffs filed suit for declaration to the effect that plaintiffs along with defendant No.3 are owners in possession of 8 kanals 10 marlas of land (herein after to be known as suit land) and the entries in the name of Central Government in the column of ownership are illegal and are liable to be corrected. A decree for permanent injunction has also been sought restraining the defendants No.1 and 2 from interfering in the possession of plaintiffs and defendant No.3 over the suit land. Plaintiffs alleged that the suit land was earlier owned and possessed by the proprietors of the village. The land was given to the predecessor of the plaintiffs and defendant No.3 as occupancy tenants (Bhondedars). No rent or batai was ever paid by the plaintiffs and defendant No.3 in lieu of their cultivation on the land in question. With the enactment of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, the plaintiffs claimed that they along with defendant No.3 have become owners.

2. With the migration of Muslim proprietors to Pakistan, the suit






















































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