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SURESHWAR THAKUR, KULDEEP TIWARI
Barkha Ram (Since Deceased) – Appellant
Versus
Commissioner, Panchayat Lands – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
Factual background
Earlier to the institution of the instant writ petition, before this Court, whereby a challenge is made to the drawings of Annexure P-20, and, to the drawing of Annexure P-25, the petitioner (since deceased), through his LRs, accessed this Court, through theirs filing CWP No. 7067 of 1988. Through a decision made thereons, on 23.1.2012, this Court after allowing the said writ petition, had quashed and set aside the order(s), as, made respectively on 4.9.1987, and, on 6.6.1988, thus as became respectively became made by the authorities concerned, but with a mandate, upon, the Collector/Divisional Deputy Director Panchayat, SAS Nagar, Mohali to decide the lis afresh, but in accordance with law. Therefore, the decisions, as respectively carried in Annexure P-20, and in Annexure P-25, are made in pursuance to the above order of remand, as became made by this Court, after its allowing, on 23.1.2012, CWP (supra).
2. The gravamen of the entire contest, as emerges amongst the contesting litigants, is centered, upon the essential factum relating to the consequentiality, and, the legality of the verdict, as made by the learned Civil Judge co
The presumption of truth in revenue entries can be rebutted by cogent evidence demonstrating independent possession prior to the statutory cut-off date.
The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.
The court affirmed that lands classified as Shamlat Deh cannot be claimed for exclusive ownership without sufficient evidence of independent cultivation prior to 1950.
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