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Tara Chand Vs. Gram Panchayat Jhupa Khurd [06/11/12]

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[Civil Appeal Nos. 8845-8850 of 2003]. These appeals have been preferred against the judgments and orders dated 18.9.2002, passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition Nos.13985 to 13990 of 2001, by way of which, the High Court has dismissed the said writ petitions, concurring with the judgment and order of the Financial Commissioner dated 29.11.2000, by which while allowing the Revision Petition filed by the respondent-Gram Panchayat, claims of the appellants for occupancy rights in the land in dispute were rejected. The facts and circumstances giving rise to these appeals are as follows: The appellants/their predecessors-in-interest had been in cultivatory possession of the land in dispute, measuring 78 kanal 5 marlas situated in the village of Jhupa Khurd, Tehsil Loharu Distt. Bhiwani, prior to 1935-36. Until the year 1954, the said land was recorded as Shamilat deh in the revenue records. In the cultivation column, the appellants/their predecessors-in-interest were shown as co- sharers. The appellants/their predecessors-in-interest, filed a suit on 4.7.1989 in the Court of the Assistant Collector, First Grade Loharu, District Bhiwani, Haryana for declaration of their occupancy rights, under Sections 5 and 8 of the Punjab Tenancy Act, 1887 (hereinafter referred to as, 'the Tenancy Act') in relation to the land in dispute. The suit was contested by the State, as well as by the Gram Panchayat and after the conclusion of the trial, the same stood as dismissed, vide judgment and order dated 28.8.1992.

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