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LISA GILL, RITU TAGORE
Sabir – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. ejectment proceedings and factual background. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on title and procedural claims. (Para 6 , 8 , 9) |
| 3. court analysis of relevant legal provisions. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. expectation of prima facie evidence in title disputes. (Para 16 , 17 , 18) |
| 5. dismissal of the writ petition. (Para 19 , 20 , 21) |
JUDGMENT
Lisa Gill, J.
Petitioners have filed this writ petition being aggrieved of their ejectment from the land in question on an application/petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 [now Haryana Village Common Lands (Regulation) Act, 1961 as notified on 05.04.2021 (for short - 1961 Act')] vide order dated 30.09.2016 passed by learned Assistant Collector First Grade, Sonepat.
2. Brief facts, as pleaded in the writ petition, are that the petitioners filed application dated 17.05.1994 before the learned Assistant Collector 2nd Grade, Sonipat for correction of Girdawari regarding land measuring 181 kanals 10 marlas as described in the writ petition. Plea taken in this application seeking correction of khasra girdawaries was that the petitioners had taken land on lease from the propriet
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
The court emphasized that mere claims of ownership are insufficient; prima facie evidence of title must be established to invoke eviction proceedings under the Punjab Village Common Lands Act.
The central legal point established in the judgment is the interpretation and application of Section 4(3)(ii) of the Punjab Village Common Lands Act, 1961 in determining the possession and rights of ....
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....
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....
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