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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Balbir Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
VIKAS BAHL, J.
| INDEX | ||
| Sr. No. | Paragraphs | |
| 1. | Brief background of the case | 1-3 |
| 2. | Arguments on behalf of the appellants | 4-6 |
| 3. | Arguments on behalf of the State | 7 |
| 4. | Analysis and findings | 8-21 |
| 5. | Contempt petition | 22-23 |
BRIEF BACKGROUND OF THE CASE:
1. The present order would dispose of four Regular Second Appeals and one contempt petition. RSA Nos.1369, 1370 and 1371 of 1989 arise from a common judgment of the trial Court dated 06.02.1986, vide which three civil suits i.e. Civil Suit No.664 of 1981, Civil Suit No.388 of 1983 and Civil Suit No.870 of 1985 were decreed. It would be further relevant to note that evidence was recorded only in Civil Suit No.664 of 1981 and the same was to be read as evidence in all the three suits. Against said common judgment dated 06.12.1986, six civil appeals filed by various private defendants as well as by the State were decided vide common judgment dated 27.03.1989. In the present three Regular Second Appeals, it is the said common judgment dated 27.03.1989 passed by the First Appellate Court which is under challenge, as it is the First Appellate Court which had set aside the common judgment dated 06.02.1986 of the trial Court, to the extent that the appeals
Imposition of Ceiling on Land Holdings Act does not permit retroactive scrutiny of land transfers pre-dating statutory cut-off; failure to follow judicial precedents constitutes a breach of natural j....
The judgment emphasizes the jurisdiction of the Civil Court to entertain suits challenging orders under the Punjab Security of Land Tenures Act, 1953, and the binding nature of orders upheld by the H....
A final civil court decree regarding title and possession of surplus land is binding on all parties and successors. Land is considered utilized upon allotment and delivery of possession, and transfer....
The principle of res judicata barred the appellant from reviving previously settled claims regarding surplus land under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act.
Title in immovable property cannot vest through mere admission or affidavit without statutory backing, and unlawful actions amount to trespass.
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