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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
G.S. SANDHAWALIA, MEENAKSHI I. MEHTA
Azad Singh – Appellant
Versus
Financial Commissioner Haryana – Respondent
JUDGMENT :
G.S. Sandhawalia, J. (Oral)
1. The petitioners have challenged the order dated 25.02.2020 (Annexure P-11)which was upheld vide orders dated 13.01.2022 (Annexure P-13) and 08.02.2024 (Annexure P-14) passed by the appellate authorities, whereby the authorities below have rejected their claim for being considered as owners of the land in dispute referred under Section 13A of the Punjab Village Common Lands(Regulation) Act 1961 (as applicable to the State of Haryana) (hereinafter referred to as 'the Act') for declaring them joint owner in possession of the disputed land. The petition filed on 19.12.2019 (Annexure P-10) was filed by way of representative capacity with regard to the land falling in village Sarsad Sub Tehsil Khanpur, District Sonipat. The petitioners had also sought declaration regarding mutation No.1108 of the said village to be declared as illegal, invalid and not binding on the rights of the petitioners. The Collector, Sonipat noticed that eviction order had already been passed on 27.03.2001 (Annexure P-1) by the Assistant Collector, 1st Grade Gohana regarding the land in dispute which had further been upheld in appeal on 22.04.2003 (Annexure P-2) and the revi
The main legal point established in the judgment is the application of the principle of res judicata in civil proceedings, as enshrined in Section 11 of the Code of Civil Procedure, to give finality ....
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
The court affirmed the authority of the Gram Panchayat to auction disputed land, ruling that the petitioner's claims of ownership were undermined by his own leasing actions and lack of evidence.
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 ....
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