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SURESHWAR THAKUR, HARSH BUNGER
Ram Sarup – Appellant
Versus
Commissioner, Rohtak Division, Rohtak – Respondent
JUDGMENT
Harsh Bunger, J.
Petitioner (Ram Sarup) has filed the instant writ petition under Articles 226 and 227 of the Constitution of India seeking setting aside of impugned orders dated 29.01.1993 (Annexure P-2), 15.03.1994 (Annexure P-3) and 12.05.1994 (Annexure P-4) passed by the Court of Assistant Collector, Ist Grade, Panipat; Collector, Panipat and Commissioner, Rohtak Division, Rohtak, respectively.
2. Briefly, Gram Panchayat, Bhadar, District Panipat filed an eviction petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter to be referred as 'the 1961 Act') seeking eviction of petitioner from the land comprised in Khasra No.90/1 min (3-4) and 90/1 (3-3) on the plea that the aforesaid land is Shamlat Deh and petitioner herein is in illegal and unauthorised possession of the said land.
Petitioner herein appeared in the aforesaid eviction proceedings and contested the same by filing his reply, wherein he inter alia stated that the Gram Panchayat is not the owner of land in question; and on the contrary, he was the owner in possession of said land since the time of his father and grandfather. Accordingly, petitioner raised an objection tha
The court emphasized that mere claims of ownership are insufficient; prima facie evidence of title must be established to invoke eviction proceedings under the Punjab Village Common Lands Act.
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
The central legal point established in the judgment is the interpretation and application of Section 4(3)(ii) of the Punjab Village Common Lands Act, 1961 in determining the possession and rights of ....
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
The court affirmed that land classified as 'Banjar Qadim' does not vest in the Gram Panchayat unless proven otherwise, and the presumption of truth in revenue records was upheld, leading to the dismi....
The eviction process under the Haryana Village Common Land Act requires substantiation with relevant documents; mere claims of disputed title without evidence are insufficient.
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