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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIRINDER AGGARWAL
Bhupinder Singh (Since Deceased) Through His Lrs – Appellant
Versus
Municipal Committee, Rampura Phul – Respondent
JUDGMENT :
Virinder Aggarwal, J.
The present common judgment is rendered to address the disposal of the aforementioned Regular Second Appeal (hereinafter "RSA") and a connected Contempt of Court Petition (COCP), both arising from the same set of legal and factual issues. Since the parties in both matters are identical and their respective counsel have expressed no objection to joint hearing, the RSA and COCP are being adjudicated together in the interest of judicial economy.
2. At the request of the learned counsel for the parties, the factual background for this common judgment is adopted from RSA-831 of 1998, titled "Bhupinder Singh (Since Deceased) Through His LRs and Others vs. Municipal Committee, Rampura and Another", as it comprehensively encapsulates the relevant facts. Given that the issues in the connected matters are substantially similar, the facts in RSA-831 of 1998 are treated as representative for the purpose of adjudicating both captioned cases.
3. The instant RSA has been instituted to challenge the judgment and decree dated 09.02.1998 rendered by the learned Additional District Judge, Bathinda, in the appeal titled "Bhupinder Singh and Others vs. Municipal Committee,
In exercise of jurisdiction under Section 100 CPC, concurrent findings of fact cannot be upset by High Court unless findings so recorded are shown to be perverse.
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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