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SURESHWAR THAKUR, KULDEEP TIWARI
Jagtar Singh – Appellant
Versus
Gram Panchayat, Village Jagirpur – Respondent
| Table of Content |
|---|
| 1. unauthorized possession and fraudulent sale deed. (Para 1) |
| 2. challenge to collector's decree by petitioners. (Para 2) |
| 3. principle of constructive res-judicata applied. (Para 3) |
| 4. appellate court's failure to analyze relevant facts. (Para 4) |
| 5. order of remand for fresh decision. (Para 5) |
| 6. upcoming court appearance scheduled. (Para 6) |
| 7. final disposition of the case. (Para 7 , 8) |
JUDGMENT
Sureshwar Thakur, J. (Oral)
The Gram Panchayat, village Jagirpur, Tehsil and District Ludhiana, instituted a petition under Section under Section 11 , of the Punjab Village Common Land (Regulation) Act, 1961 (hereinafter in short called 'the Act') before the Collector concerned. In the said petition on the basis of a revenue entry existing in the revenue records, displaying the suit land, as Shamlat deh, it was claimed, that the private Respondents therein, are in unauthorized possession of the suit land, and, also that such possession thereon, is purportedly assumed on the basis of a fraudulently executed sale-deed, in their favour by the vendor concerned. Moreover, it was also contended that the mutations, if any, as became attested in favour of the vendees concerned, in respect
The dismissal of a suit for default does not constitute a verdict on merits and therefore does not bar a subsequent suit by the same party. Documentary evidence is required to support claims under st....
The court emphasized the necessity for procedural fairness and detailed reasoning in administrative decisions, particularly regarding the validity of documents and the rights of affected parties.
The court affirmed that prior judgments establishing land ownership create a statutory bar against subsequent claims, emphasizing the binding nature of res judicata.
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