SUKHDEV SINGH & ORS. versus GRAM SABHA BARI KHAD & ORS.

SUKHDEV SINGH & ORS. versus GRAM SABHA BARI KHAD & ORS.

The mere recording of possession by the owners does not exclude the land from 'shamlat deh'; exclusion under proviso (iv) requires acquisition from a co-sharer, which was not proven by appellants.

Parties
Appellant: Sukhdev Singh & Ors.; Respondent: Gram Sabha Bari Khad & Ors.
Jurisdiction
India
Judgment Date
28 January 1977
Procedural Posture
Civil Appeal / Appeal by Special Leave From Punjab and Haryana High Court, R.s.a. No. 933 of 1970
Outcome
Appeal dismissed with costs.
Legal Topics
Village Common Lands, Shamlat Deh, Punjab Village Common Lands (regulation) Act, 1961
Land Law Village Common Lands Shamlat Deh Punjab Village Common Lands (regulation) Act, 1961

Case Brief

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Parties

Sukhdev Singh & Ors.

Appellant

Gram Sabha Bari Khad & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Punjab and Haryana High Court, R.s.a. No. 933 of 1970

Legal Issues

  1. 1 Whether land inherited and acquired by appellants is excluded from 'shamlat deh' under Section 2(g) proviso (iv) of Punjab Village Common Lands (Regulation) Act, 1961.

Ratio Decidendi

The mere recording of possession by the owners does not exclude the land from 'shamlat deh'; exclusion under proviso (iv) requires acquisition from a co-sharer, which was not proven by appellants.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Costs awarded to respondents.