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SURESHWAR THAKUR, KULDEEP TIWARI
Resham Singh (Since Deceased) Thr. His Lrs – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J.
The present petitioner instituted, on 08.05.2012, a suit under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), against Gram Panchayat Manjhwala, Block Kot Isse Khan, Tehsil Zira, District Ferozepur, through its Sarpanch. In the suit (supra), the plaintiff claimed a declaratory relief, that he be declared owner in possession of the suit Khasra numbers. Through a decision made on 31.05.2013 (Annexure P-6), upon the said suit, the learned Collector concerned declined the asked for declaratory relief to the plaintiff, petitioner herein.
2. The aggrieved plaintiff, petitioner herein, instituted there against a statutory appeal bearing No.132 of 2013, before the learned competent appellate authority concerned, but through a decision made thereon, on 19.05.2017 (Annexure P-7), the learned competent appellate authority dismissed the said appeal, and thus affirmed the order, as became earlier recorded on 31.05.2013, by the learned Collector concerned. Therefore, the petitioner becomes pained from the above concurrently recorded verdicts of dismissal, as became made, upon, his suit (supra), and
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
Failure to frame issues on adverse possession precluded the petitioners from leading evidence, leading to a miscarriage of justice.
The court emphasized the importance of evidence in supporting ownership claims and highlighted the significance of entries in official records. The non-production of a relevant decree was also detrim....
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