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ARUN MONGA
State of Haryana – Appellant
Versus
Ram Kumar – Respondent
JUDGMENT
Arun Monga, J. (Oral)
CM-11802-C-2014
This is an application seeking condonation of delay of 405 days in re- filing the appeal.
For the reasons stated in the application, same is allowed. Delay stands condoned.
CM-4188-C-2014
Disposed of as infructuous.
Main Case (O&M)
For convenience, parties herein are described as per recitals before the trial Court.
2. Having suffered concurrent adverse findings by the two Courts below, defendants-State of Haryana and others are in second appeal before this Court assailing the trial Court judgment and decree dated 06.05.2010, as upheld by learned First Appellate Court vide its judgment and decree dated 09.10.2012.
3. Briefly stated, facts as noticed by Courts below are that father of plaintiff Shri Puran purchased the land measuring 16 Kanals 5 Marlas from one Wazir Singh son of Sulakhan Singh, who was allotted land measuring 620 Kanals 9 Marlas situated at village Ratera on migration from Pakistan by the custodian department as per the Jamabandi for the year 1958-59 vide registered sale deed dated 20.07.1961. Necessary mutation no.1786 was sanctioned on 12.08.1961. It is pleaded that latest Khasra Girdawari establishing the possession of
A valid land allotment must be canceled before a subsequent allotment can be deemed lawful, reaffirming the plaintiffs' ownership rights and possession under the Tripura Land Revenue and Land Reforms....
Point of Law : Revenue record – Record of Right - Though these entries have been held to be having no legal basis yet these could be looked into for collateral purposes.
The failure to establish lawful possession and the invalidity of the allotment order led to the dismissal of the appeal, emphasizing jurisdictional limits in civil suits regarding land allotments.
Plaintiff's subsisting title must be established to claim possession. Adverse possession claim requires fulfillment of specific requirements.
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