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SURESHWAR THAKUR, KULDEEP TIWARI
Jasmer Singh Through His Lrs – Appellant
Versus
Joint Development Commissioner (I. r. d. ) Punjab – Respondent
| Table of Content |
|---|
| 1. petition under punjab village common lands act initiated (Para 1) |
| 2. history of appeals and grievances from original petition (Para 2 , 3) |
| 3. analysis of statutory definitions and misapplication of law (Para 4 , 5 , 6 , 7) |
| 4. dismissal of writ petition based on misapplication of evidence (Para 8) |
| 5. final order and conclusion on costs (Para 9 , 10) |
JUDGMENT
Sureshwar Thakur, J. (Oral)
The petitioners herein instituted, on 06.02.2012, a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961, (hereinafter referred to the 'Act of 1961') before the learned Collector concerned. In the said petition, the Gram Panchayat Sarari, Tehsil and District Rupnagar, became impleaded as respondent. Through a decision drawn thereon, on 26.12.2012 (Annexure P2), the learned Collector concerned, after making a studied perusal of the column of possession, as borne in the Jamabandi, relating to the disputed land(s), and, appertaining to the year 1947- 1948, but displaying therein, that the predecessor-in-interest of the petitioners became recorded therein, to be in cultivating possession, thus proceeded to grant the asked for declaratory decree to the petitione
The presumption of truth in revenue records prevails unless cogent evidence is presented to the contrary, affirming the Gram Panchayat's ownership over disputed lands.
The importance of providing sufficient evidence to support a claim based on a savings clause, and the requirement for courts to make a proper appreciation and appraisal of relevant evidence.
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
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