Dismissed

Gp Barkatpur v. Dev Singh

Punjab & Haryana HC8 Sept 2009RSA/1429/1983

Case brief

AI extract

What is this about?

In this appeal against a civil decree declaring land not to be shamlat deh, the High Court examined the binding force of a prior 1963 judgment between the same parties. Holding the earlier judgment binding, the court dismissed the appeal and upheld the decree declaring the land as non-shamlat deh with consequential relief.

What did the court decide?

The appeal was dismissed, the judgment and decree dated 08.03.1983 were upheld, and the suit for declaration and consequential relief of possession was decreed in favor of respondents.

Gp Barkatpur Vs Dev Singh — Land Acquisition | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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RSA No.1429 of 1983 Decided on : 08.09.2009

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G.P.Village Barkatpur

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... Appellant

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versus

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Dev Singh & others

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...Respondents

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CORAM : HON'BLE MR. JUSTICE AJAY TEWARI

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Present : Ms. Sonia G.Singh, Advocate for the appellant.

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Mr. Vikas Singh, Advocate.

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1.Whether Reporters of local newspapers may be allowed to see the judgment?

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2.To be referred to the reporters or not?

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3.Whether the judgment should be reported in the Digest?

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AJAY TEWARI, J. (ORAL)

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This appeal has been filed against the judgment and decree of the ld. Lower Appellate Court reversing that of the Trial Court and thereby decreeing the suit of the respondents for declaration and consequential relief. The brief facts of the case are that the appellant had moved an application under Section 7 of the Punjab Village Common Land (Regulation) Act, 1961 for the ejectment of the respondents from shamlat deh. Those proceedings of the appellant were challenged by the respondents by way of a civil suit. Learned counsel for the respondents placed reliance on an earlier judgment of Civil Court dated 18.10.1963, a suit between the same parties, wherein it was declared that the same land in dispute was not shamlat deh. The following questions have been proposed:

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RSA No.1429 of 1983

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i) Whether the judgment and decree dated 12.01.1982 is a well reasoned and legal judgment and deserves to be upheld?

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ii)Whether the judgment and decree dated 08.03.1983 passed by the ld. District Judge, Patiala is based on conjecture and surmises and deserves to be set aside?

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iii)Whether the judgment and decree dated 08.03.1983 is in violation of the provisions of Punjab Village Common Land Act, 1961?

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iv)Whether the judgment and decree dated 18.10.1963 is not binding on the appellant?

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v)Whether grave and manifest injustice has been caused to the appellant?

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Questions No.(i) to (iii) & (v) are omnibus questions. The material question is question No.(iv). Learned counsel for the appellant is not in a position to deny that the judgment and decree dated 18.10.1963 was between the same parties and related to the same land and that the same had become final. Consequently, no infirmity can be found in the judgment of the Lower Appellate Court holding that in view of the said judgment and decree dated 18.10.1963, the land was not shamlat deh and thus, granting to the respondents a declaration that the order dated 08.01.1980 passed by the Collector/District Development & Panchayat Officer under Section 7 of the Punjab Village Common

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RSA No.1429 of 1983

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-3-

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Land Act, 1961 is illegal, void and without jurisdiction and does not effect the right title and interest of the respondents as well as for consequential relief of possession.

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As far as other questions are concerned, once the seminal question No.(iv) is decided against the appellant, question No.(i) to (iii) & (v) which are as mentioned above, omnibus questions, have also to be decided against the appellant. Consequently, this appeal is dismissed.

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September 08, 2009 sonia

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( AJAY TEWARI) JUDGE

Gp Barkatpur v. Dev Singh

Case brief

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Gp Barkatpur v. Dev Singh

Case brief

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