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SURESHWAR THAKUR, KULDEEP TIWARI
Sushil Kumar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. writ petitions relate to common eviction issues. (Para 4 , 5 , 6 , 7 , 8) |
| 2. petitioners argue unauthorized substitution of land records. (Para 9 , 12 , 14 , 21) |
| 3. court rejects petitioners' arguments due to lack of evidence. (Para 10 , 11 , 13 , 18 , 22) |
| 4. court's interpretations of statutory provisions provide criteria for land ownership. (Para 15 , 16 , 20 , 23 , 26) |
| 5. principles governing eviction proceedings affirmed. (Para 17 , 19 , 24 , 27) |
| 6. writ petitions dismissed, orders maintained. (Para 29) |
JUDGMENT
Mr. Sureshwar Thakur, J. (Oral)
C M-8293-CWP-2023, C M-17530-CWP-2019 & C M-17531-CWP-2019 IN CWP-7715-2018
The learned counsel for the applicants seeks permission to withdraw the present applications.
2. Permission granted.
3. Consequently, the extant applications are dismissed as withdrawn.
Main Cases
4. Since all the writ petitions relate to a common factual matrix, besides relate to common questions of law, therefore irrespective of the fact, that they are directed against separate statutory appeals, as raised by the aggrieved, from the common affirmative concurrent verdict(s), as made on the petition, cast under Section 7 of the Punjab Village Common La
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.
Under the relevant statute, a revenue authority is not required to stay summary eviction proceedings upon a mere assertion of title. A stay is only mandatory if the claimant provides prima facie docu....
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
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