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SURESHWAR THAKUR, KULDEEP TIWARI
Jaswant Singh (Now Deceased) Through His Lrs Gurpreet Kaur – Appellant
Versus
Director, Rural Development and Panchayats, Punjab – Respondent
| Table of Content |
|---|
| 1. ownership claims regarding village land (Para 1 , 2) |
| 2. argument on possession from 1950 (Para 3 , 4) |
| 3. res judicata in previous proceedings (Para 5 , 6) |
| 4. claims of gair marusi and productiveness of evidence (Para 7 , 8) |
JUDGMENT
Mr. Kuldeep Tiwari, J.
The father of the petitioners had filed two different applications under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short, the Act of 1961) for declaration to the effect that he is owner in possession of the land measuring 11 kanals 12 marlas bearing Khasra No. 13/4 (8-0), 5/1 (3-12), as per jamabandi for the years 2005-06, situated in the revenue estate of village Tarpai, Block Majitha, Tehsil and District Amritsar and second application with regard to the land measuring 5 kanals 36 marlas bearing Khewat Khatauni No. 643/916, Khasra No. 5//24(5-6), as per jamabandi for the year 2005-06, situated in the same revenue estate (supra), inter alia, with the pleading that he is a Khewatdar of the village and land in dispute is under his ownership and possession, being one of the co-sharer of the proprietary body. His possession over the land is continuous. His forefathers were in continuous uni
The central legal point established in the judgment is that an order passed by a court without jurisdiction is a nullity.
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
Under the relevant statute, a revenue authority is not required to stay summary eviction proceedings upon a mere assertion of title. A stay is only mandatory if the claimant provides prima facie docu....
The court established that the Gram Panchayat has the right to claim ownership of land classified as 'Shamilat Deh' under the Punjab Village Common Lands Act, and private claims must be substantiated....
The court affirmed that land classified as 'Banjar Qadim' does not vest in the Gram Panchayat unless proven otherwise, and the presumption of truth in revenue records was upheld, leading to the dismi....
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