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SURESHWAR THAKUR, KULDEEP TIWARI
Badle – Appellant
Versus
Divisional Commissioner Rohtak Division – Respondent
JUDGMENT
Sureshwar Thakur, J.
One Dalip Singh (since deceased), through his LRs, and, others instituted Case No.44 on 16.04.2003, before the Assistant Collector concerned. In the case (supra), the petitioners impleaded Gram Panchayat Village Saidpur, Tehsil Kharkhoda, District Sonepat, through its Sarpanch, as respondent No.1, and, also impleaded one Kartar Singh as co-respondent No.2. The case (supra) was assigned the above number, only in pursuance to an order of remand being made, on 25.03.2003, by the learned Collector, Sonepat.
2. Through a decision made, on 25.08.2003 (Annexure P-2), upon case (supra), by the Assistant Collector concerned, thereby the petitioners' claim for a declaratory relief being granted, in respect of the petition Khasra numbers, thus became allowed. The aggrieved therefrom, became led to institute there against, an executive appeal bearing No.7 of 2003, before the learned Collector, Sonepat, who however, through a decision made thereon, on 29.07.2004 (Annexure P-3), allowed the appeal and set aside the decision as carried in Annexure P-2. Thereafter, the petitioners instituted case No.7/DC before the learned Collector, Sonepat, who vide order dated 30.03.
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.
The classification of land as 'Banjar Kadim' negates claims of cultivation necessary to avoid vesting in common lands under the applicable savings clause.
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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