He submits that prime contention of the appellant/plaintiff before the Court below was that as per the record, the property belonged to the proprietor and therefore, could not have been vested in the Gram Panchayat and subsequent in favour of Municipal Corporation and particularly when in the revenue record, prior to the vesting, it was shown as manure pit, ownership of the same would always rest with the proprietors. He submits that both the Courts below have placed reliance upon the judgment rendered by full Bench of this Court in Jai Singh Vs. State of Haryana 1995 PLJ 83. However, during the interregnum, the matter has been referred to the larger Bench and the larger Bench rendered a finding that in case where the nature of land like manure pit, abadi deh etc. were in ownership of proprietor, it would continue to be remained in their ownership and in case, Municipal Corporation had to take possession, they will take the possession in accordance with law by i.e. by acquisition and on payment of compensation. The possession of the suit property has already been established and therefore, the respondents-defendants could not take
