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2022 Supreme(P&H) 1963

SURESHWAR THAKUR, KULDEEP TIWARI
Darshan Singh – Appellant
Versus
Director Rural Development And Panchayat Punjab – Respondent


Advocates appeared:
Ms. Eliza Gupta, Advocate, for the Appellant; Mr. Maninder Singh, DAG, Punjab. Mr. C.L.Premy, Advocate, for the Respondent.

JUDGMENT

Sureshwar Thakur, J. - Factual Background

1. The forefathers of the petitioners were in possession, as right holders/cultivators, of the petition land bearing Khasra Nos. 706, 717, 803, situated in village Mavi Sapan. The above fact is depicted in the Jamabandi, qua the petition land, as becomes drawn for the years 1951-52 and 1955-56. The petition land thereins is described as Shamlat Deh Hasab Rasad Jar Khewat. The forefathers of the petitioners were allegedly continuing in possession thereof, as revealed in the subsequent thereto jamabandis, and, their possession thereons was allegedly not disturbed at any point of time. Thereafter, Bachan Singh, forefather of petitioners filed a civil suit before the learned civil Court, which was decreed in his favour on 18.02.1965. On the basis of the said decree of civil Court, the forefather of the petitioners were shown to be owner of the land in dispute hence in the subsequent revenue record, as carried in jamabandis Annexure P-7 to Annexure P-13.

Petition filed by the Gram Panchayat

2. The Gram Panchayat Mavi Sapan, through its Sarpanch one Taranjit Kaur instituted a petition on 01.06.1981 against the respondents/forefathers of the

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