Dismissed

Jodh Singh Thru Lrs. Gurnek Singh and Ors. v. Gopal Singh Thru Lrs. Jagir Kaur and Ors.

Punjab & Haryana HC13 Dec 2018RSA/2698/2016

Case brief

AI extract

What is this about?

This regular second appeal was dismissed. The Court held that in the absence of revenue records connecting khasra numbers before and after consolidation, a suit for declaration under Section 45 of the Punjab Land Revenue Act was not maintainable. No substantial question of law arose.

What did the court decide?

The regular second appeal is dismissed.

Jodh Singh Thru Lrs. Gurnek Singh and Ors. Vs… — Land Acquisition | Punjab & Haryana HC (2018)

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YOGESH SHARMA 2018.12.18 11:18 I attest to the accuracy and integrity of this document 1

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RSA-2698-2016 (O&M)

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107

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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RSA-2698-2016 (O&M) Date of decision : 13.12.2018

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Jodh Singh (deceased) through LRs and others

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... Appellants

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Versus

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Gopal Singh (deceased) through LRs and others

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... Respondents

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CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

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Present: Mr. Harminder Singh, Advocate for the appellants.

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AMIT RAWAL, J. CM-7230-C-2016

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For the reasons stated in the application, the delay of 09 days in refiling the appeal is condoned.

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CM stands disposed of.

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RSA-2698-2016

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The short point involved in the present regular second appeal preferred by the appellant-plaintiffs, who were not successful before the trial Court as well as the lower Appellate Court, had been that on the basis of the ownership vide sale deed of 1960, the plaintiffs failed to connect the khasra numbers pre and post consolidation. Subject matter of the sale deed was 9 kanals 19 marlas, whereas the declaration sought in 2009 was in respect of 22 kanals.

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The best possible evidence to succeed in the suit was to bring

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YOGESH SHARMA 2018.12.18 11:18 I attest to the accuracy and integrity of this document 2

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RSA-2698-2016 (O&M)

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on record the relevant revenue record to establish the connection.

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In the absence of the same, the simpliciter suit for declaration purported to be under Section 45 of the Punjab Land Revenue Act, for correction of the revenue record, was not maintainable.

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In this view of the matter, there cannot be any illegality or perversity in the judgments and decrees of the Courts below, much less, no substantial question of law arises for determination.

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Resultantly, the regular second appeal is dismissed.

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13.12.2018 ( AMIT RAWAL ) Yogesh Sharma JUDGE

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Yogesh Sharma

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Whether speaking/reasoned Yes/ No

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Whether Reportable Yes/ No

Jodh Singh Thru Lrs. Gurnek Singh and Ors. v. Gopal Singh Thru Lrs. Jagir Kaur and Ors.

Case brief

What is this about?

What did the court decide?

Jodh Singh Thru Lrs. Gurnek Singh and Ors. v. Gopal Singh Thru Lrs. Jagir Kaur and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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