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SURESHWAR THAKUR, SUDEEPTI SHARMA
Jasmer Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J. (Oral)
Gram Panchayat, Karhans through its Panch Sh. Raj Singh, village Karhans Tehsil Samalkha, District Panipat instituted a petition cast under Section 7 of the Haryana Village Common Land (Regulation) Act, 1961 (hereinafter referred to as the Act of 1961), against the petitioner herein, whereby it claimed for the making of a decree of eviction against him. Through an order made on the petition (supra), on 11.9.2017 (Annexure P-1), the learned Assistant Collector, Ist Grade Samalkha, after analyzing the revenue entries, as occurred in the requisite jamabandis, respectively for the years 1969-70, 1974-75 and 1979-80, with thereins the entry of jumla malkan existing in the column of ownership, and, an entry of charand existing in the column of cultivator, besides upon analyzing the jamabandis, respectively relating to the years 1984-85, 1989-90, whereins, in the column of ownership an entry of jumla malkan also existed, but in the column of cultivation, the present petitioner was entered as co-sharer gair marusi, and, with the said entry continuing in the jamabandi for the year 2014-15, thus proceeded to after allowing the said eviction petition, pa
The eviction process under the Haryana Village Common Land Act requires substantiation with relevant documents; mere claims of disputed title without evidence are insufficient.
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 court ruled that an eviction petition under the Punjab Village Common Lands Act must be converted into a title suit for valid jurisdiction, invalidating subsequent orders if not.
The court emphasized the importance of providing reliable evidence to rebut presumptions based on revenue records and upheld the authority of revenue authorities to pass eviction orders in cases of u....
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