PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, LALIT BATRA
Vijay Singh – Appellant
Versus
Gram Panchayat – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Since both the appeals (supra), involve common questions of law, besides, when the verdict challenged in both the appeals is common to both, thus, they are amenable to be decided through a common order.2. In civil suit no. 22 of 2014, an affirmative decree was made by the learned Civil Judge concerned, on 10.07.2015, vis-a-vis the relief claimed in the said suit, inasmuch as, for a decree of mandatory and permanent injunction being made, to the effect that the revenue entries in column No. 4 and column No. 5 of jamabandis, of the disputed lands situated within the revenue estate of Village Assan Kalan, Tehsil and District Panipat, are liable to be corrected, in favour of the plaintiffs, given they being the owners and co-sharers vis-a-vis the disputed lands, besides qua the espoused consequential relief of mandatory injunction directing defendants No. 1 to 3 to enter the names of the plaintiffs in equal shares in column No. 4 and column No. 5 of the jamabandis qua the suit property. Moreover, also qua the asking of relief, to the effect that the recording of mutation No.1184 dated 02.09.1956, and, on 27.12.1961, thus depicting the father of the plainti
The court affirmed that prior judgments establishing land ownership create a statutory bar against subsequent claims, emphasizing the binding nature of res judicata.
The Collector lacks jurisdiction to alter land mutations based on overruled amendments; disputes over land rights must be resolved through civil suits.
The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.
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 ....
The presumption of truth in revenue records prevails unless cogent evidence is presented to the contrary, affirming the Gram Panchayat's ownership over disputed lands.
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