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SURESHWAR THAKUR, KULDEEP TIWARI
Jagdish Singh – Appellant
Versus
Director, Rural Development and Panchayats, Punjab – Respondent
| Table of Content |
|---|
| 1. unauthorized possession of village common land. (Para 1 , 2 , 3 , 4) |
| 2. res judicata argument raised by petitioners. (Para 5) |
| 3. analysis of jurisdiction and res judicata. (Para 6 , 7) |
| 4. estoppel preventing claim on title. (Para 8) |
| 5. writ petition dismissed, orders affirmed. (Para 9) |
JUDGMENT
Sureshwar Thakur, J.
Gram Panchayat Harsha Cheena (Sabajpura) Block Harsha Cheena through Gurmej Singh, Presiding Officer Block Harsha Cheena, District Amritsar, instituted a petition under Section 7 of The Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the Act") against the respondents therein, who are the petitioners herein. In the said petition it was claimed that the respondents are in unauthorized possession of the disputed land measuring 3 Kanal 8 Marlas, as thereon exists a playground. Therefore, it was averred that since the existence of a playground on the petition lands, causes change of user of the petition lands, from the common purpose, for which they became reserved for the village proprietary body. Thus, the petitioners' possession over the petition khasra numbers was averred to completely unauthorized as well as unlawful. The lea
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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