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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Mahavir Singh – Appellant
Versus
Gram Panchayat – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
The present second appeal has been preferred by one of the plaintiffs, assailing the judgment & decree dated 05.12.2000 passed by the First Appellate Court, whereby the suit filed by the plaintiffs came to be dismissed upon reversal of the judgment & decree dated 27.03.1999 granted by the trial Court.
2. For the sake of clarity and to avoid any confusion, the parties shall be referred to as per their original status before the trial Court. The record of the trial Court, as available on the Document Management System (DMS), has been duly perused.
3.1 The factual matrix, in brief, is that the plaintiffs, residents of village Dhani Bhakran and claiming to be biswedars therein, instituted the suit seeking decree of declaration to the effect that they are owners in possession of the suit land measuring 7 kanal 18 marla, as reflected in the jamabandi for the year 1990–91. It was their specific case that prior to them, their father, Sheo Narain, was in cultivating possession of the suit land as owner, and upon his demise, the plaintiffs continued in possession thereof.
3.2 The grievance of the plaintiffs arose upon discovering that the defendant—Gram Panchayat, Dhan
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Point of Law : If inquiry as envisaged under Section 3(5) of the Himachal Pradesh Village Common Lands (Vesting and Utilization) Act read with Rule 9 of the Rules framed thereunder stood made, then t....
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