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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANDEEP PANNU
State Of Haryana – Appellant
Versus
Reshma – Respondent
JUDGMENT :
MANDEEP PANNU, J.
1. Present Regular Second Appeal has been filed by the State of Haryana through Collector, Hisar, defendant no. 3/appellant No.1, and the Tehsildar (Sales)- cum-Managing Officer, Hisar, defendant no. 4/appellant no. 2, challenging the concurrent findings of the Courts below whereby the learned Sub Judge First Class, Hisar decreed the suit of the plaintiff–Smt. Reshma (now deceased, represented through her legal representatives)/respondent no. 1 vide judgment and decree dated 11.06.1991, which was further affirmed by the learned Additional District Judge, Hisar, on 02.03.1994, in the appeal preferred by defendant nos. 1 to 6.
Brief Facts
2. The case set up by the plaintiff was that she was in possession of land measuring 21 kanals 15 marlas, comprised in khasra numbers as detailed in the headnote of the plaint and as reflected in the jamabandi for the year 1983–84, and that she had been in continuous cultivating possession thereof for the last more than 20 years. It was alleged that report roznamcha no. 143 dated 07.12.1987 and no. 151 dated 11.12.1987, purporting to show delivery of possession, were merely paper transactions, illegal, without jurisdiction a
Possession continues until lawful dispossession occurs, with title passing to the auction purchaser upon full payment, regardless of sale certificate issuance.
The main legal point established in the judgment is that delay and laches in approaching the Court can lead to the dismissal of a writ petition, especially in cases where possession of the land has b....
Ownership rights acquired prior to partition are valid, and the jurisdiction of Civil Courts remains intact if property is not declared evacuee property by the custodian.
Once land has been acquired, it cannot be restored to tenure- holders/persons interested, even if it is not used for the purpose for which it is so acquired. Once possession of land has been taken, i....
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.
Unregistered deeds do not confer ownership rights, and possession must be established through valid documentation and legal processes.
Civil Law - Recovery of khas possession - It is a settled law that entry of names in records of right does not vest any ownership over the said land and is only indicative about the possession over s....
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