AI Overview...
Individual Cultivating Possession - Summary
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Definition and Requirements
Individual cultivating possession refers to land held and cultivated by an individual or co-sharers in their own capacity, distinct from proprietary or common land. To establish such possession, the claimant must prove continuous cultivation prior to January 26, 1950, as recorded in revenue records. The revenue record's entries serve as rebuttable presumptions of possession (02300058513, 02300056192, 02300052613). -
Legal Criteria and Evidence
The key criterion for individual cultivating possession is the entry in revenue records showing cultivation prior to 26.01.1950. The claimant must demonstrate that the land was in their actual possession and cultivation, not merely recorded or assessed. Evidence such as Jamabandi, revenue entries, and oral testimonies are crucial. The absence of proof of continuous cultivation or prior possession undermines claims (02300058513, 02300052613, 02300058112, 02300086248). -
Distinction from Proprietary or Common Land
There is a clear distinction between individual cultivating possession and proprietary or shamlat land. Shamlat Deh includes land held in common for village purposes; if land is in individual cultivation, it ceases to be shamlat. Land assessed to land revenue and in individual cultivation prior to 1950 is generally excluded from shamlat deh (02300056192, 02300012215, 02300068195, 02300042359). -
Exclusion from Shamlat Deh
Land in individual cultivating possession, especially if recorded in revenue records before 1950, is excluded from shamlat deh. The absence of partition or clear evidence of individual possession prior to the cutoff date invalidates claims of exclusive possession (02300058112, 02300012215, 02300057400). -
Land Vesting and Vesting Claims
The entry of land in revenue records as in individual cultivation prior to 1950 is a significant factor. Claims based solely on subsequent possession or non-usage for common purposes are insufficient unless supported by clear, continuous evidence of cultivation before the cutoff date (02300057400, 02300086248).
Analysis and Conclusion
To establish individual cultivating possession, claimants must demonstrate continuous, actual cultivation of the land prior to January 26, 1950, evidenced by revenue records and consistent possession. The mere recording of land in revenue records or assessment does not suffice; actual cultivation and possession are essential. Land recorded as Shamlat Deh or in common use remains so unless proven to have been in individual cultivation prior to the cutoff date. Claims lacking proof of prior cultivation or continuous possession are generally rejected. The legal framework emphasizes the importance of revenue record entries and historical possession for establishing individual cultivating possession (all references).
References:
- Punjab Village Common Lands (Regulation) Act, 1961, Sections 2(9), 11 Harbir Singh @ Harbinder Singh VS State of Punjab - Punjab and Haryana, Gram Panchayat Village Mulepur VS Prem Singh - Punjab and Haryana, Rampal VS State of Punjab - Punjab and Haryana, Surjeet VS State Of Haryana - Punjab and Haryana, Raghbir Singh VS State of Punjab - Punjab and Haryana, Ved Singh VS Gram Panchayat, Nainetalpur - Punjab and Haryana, Karma VS Commissioner Rohtak Divn. Rohtak - Punjab and Haryana, Harbhajan Singh VS State of Punjab - Punjab and Haryana, Gurdev Singh (deceased) through VS Additional Director, Panchayats, Punjab - Punjab and Haryana, Amin Lal VS Assistant Collector, Ist Grade - Punjab and Haryana.
Search Results for "Individual Cultivating Possession"
2015 0 Supreme(P&H) 1588 • India - Punjab and Haryana
SURYA KANT, P.B.BAJANTHRI
(A) Punjab Village Common Lands (Regulation) Act, 1961, S.11--Individual cultivating possession--Collector and the Appellate Authority ... cultivating possession--Petitioners have led the evidence consisting revenue record which carries rebuttable presumption of truth ... ;(B) Punjab Village Common Lands (Regulation) Act, 1961, S.2(9)--Abadi Deh--Exclusion from--Individual ... The question that arose for determination by the authorities was whether the petitioners or their predecessori....
2015 0 Supreme(P&H) 132 • India - Punjab and Haryana
SURYA KANT, RAJ MOHAN SINGH
possession, the requirement of individual cultivating possession is not satisfied--There is mark distinction between individual ... Shamlat Deh--Vesting of Land--With the entry of owners/co-sharers in cultivating possession, the requirement of individual cultivating ... and individual cultivating possession of the land on or before 26.01.1950--Therefore, conditions of S. 2(g)(iii....
2012 0 Supreme(P&H) 599 • India - Punjab and Haryana
T.P.S.MANN, SATISH KUMAR MITTAL
of Makbooza Malkan recorded in the revenue record cannot be deemed to be the individual cultivating possession of a proprietor-- ... cultivating possession of the land prior to 26.1.1950. ... Exceptions (iii) or (viii) of Section 2(g)(5) of the Act of 1961, he has to establish that in the revenue record he has been recorded in individual ... has failed to prove his individual cultivating possession since 26.1.1950. ... It is well se....
2010 0 Supreme(P&H) 1996 • India - Punjab and Haryana
RAJIVE BHALLA
They claimed that the land did not vest in the Gram Panchayat as it was recorded in their individual cultivating possession prior ... cultivating possession prior to 26.01.1950, not in excess of their share, and was assessed to land revenue. ... Issues: The main issue was whether the land in dispute was in the cultivating possession of the petitioners' predecessors ... cultivating possession of the petitioners prior to 26.1.1950. .....
2015 0 Supreme(P&H) 1334 • India - Punjab and Haryana
SURYA KANT, RAJ MOHAN SINGH
land could not have been in individual cultivating possession. ... --There is mark distinction between 'individual cultivating possession' and 'proprietary possession' of the owners in undivided share ... --No evidence of partition of land and individual cultivating possession of the land as on or before 26.01.1950 have been brought ... Perusal of Jamabandi for the year 1952-53 reveals that the predecessors-in-inte....
2017 0 Supreme(P&H) 2910 • India - Punjab and Haryana
SURYA KANT, SUDHIR MITTAL
cultivating possession of co-sharers in thola land. ... cultivating possession of proprietors of thola land. ... grazing ground) etc. but there are some other khasra numbers which are recorded as nehri, namely, irrigatable land and are in the individual ... -wise and then determine as to how much land of thola, as per the revenuerecord, is being used for ‘common purposes’ or for the benefit of ‘villagecommunity’ and how much land is in individual cultivating #HL_START....
2015 0 Supreme(P&H) 484 • India - Punjab and Haryana
SURYA KANT, RAJ MOHAN SINGH
cultivating possession, non-use for common purposes, and exclusion from shamlat deh. ... cultivating possession, partition, and non-use for common purposes, concluding that the land did not vest as shamlat deh. ... Finding of the Court: The court analyzed the revenue records, consolidation scheme, and oral testimonies to establish individual ... Petitioner was proved to be in cultivating possession since 1937-38. The land was never used for any common purpose. #HL_ST....
2023 0 Supreme(P&H) 2268 • India - Punjab and Haryana
SURESHWAR THAKUR, KULDEEP TIWARI
Therefore, the entry (supra) goes on to belie the stand of the petitioner that he, or, his forefathers had been in continuous individual cultivating possession of the petition land prior to 1950. ... By placing reliance upon the exclusionary clause (supra), the petitioner has expounded claim for his being declared the lawful owner of the petition land, as he and his predecessor-in-interest have purportedly been in individual cultivating possession of the petition land, but not in exces....
2012 0 Supreme(P&H) 445 • India - Punjab and Haryana
RAJIVE BHALLA, RAKESH KUMAR JAIN
cultivating possession of the co-sharers not being in excess of their respective shares in such shamilat deh on or before the 26th ... cultivating possession of the co-sharers; ... (ii) not being in excess ... though was shamilat deh, would not be included as such in the shamilat deh, if it had been assessed to land revenue and has been in individual ... The entry with regard to the Makbooja Malkan in the column of cultivation reflects the possession in common of the proprietary body b....
1995 0 Supreme(P&H) 580 • India - Punjab and Haryana
T.H.B.CHALAPATHI
26, 1950 - INTERPRETATION OF SHAMLAT DEH - LAND CEASES TO BE SHAMLAT DEH IF IN INDIVIDUAL CULTIVATING POSSESSION OF CO-SHARERS NOT ... long prior to January 26, 1950, and continued to be in his possession thereafter. ... long prior to January 26, 1950, and continued to be in his possession thereafter. ... Shamlat Deh does not include the land which was Shamlat Deh, was assessed to land revenue and has been in the individual cultivating possession of ....
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