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2022 Supreme(P&H) 1953

SURESHWAR THAKUR, KULDEEP TIWARI
Baldev Singh – Appellant
Versus
Director, Rural Development And Panchayats Department Punjab – Respondent


Advocates appeared:
Mr. Vikas Mehsempuri, Advocate with Mr. G.S.Dhillon, Advocate, for the Appellant; Mr. Maninder Singh Sr. DAG, Punjab. Mr.S.S.Tiwana, Advocate, for the Respondent

JUDGMENT

SURESHWAR THAKUR, J. -

Factual background

1. Petitioners herein, namely, Baldev Singh, Teja Singh, Manjit Singh, and, Gurjit Singh instituted a petition against the Gram Panchayat concerned. The above petition became constituted under Section 11 of the Punjab Village Common Lands (Regulation) Act, (for short 'the Act'). The claim made therein was qua the petitioners being declared owners in possession of the land, comprised in khewat No. 63, khatauni No. 17//23 (8-0), 24(8-0), 25(8-0), 30//3(6-16), 4(7-18), 5/2(1-12), 7(0-7) total measuring 40 kanals, 13 marlas, situated at village Diyagarh, Tehsil and Distrtict Patiala. The above claim became rested upon the factum, that prior to 26.1.1950, and, upto the relevant stage, the petitioners with an animus possidendi, and, hence holding open hostile possession of the petition land. They also further asserted that the above open hostile possession of the petition land, was within the knowledge of the entire village. Consequently, they claimed that they have become owner of the petition land through adverse possession. The secondary contention, which was raised by the petitioners, in the petition was that, the said land was never r

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