LAWS(SC)-2012-11-10

TARA CHAND Vs. GRAM PANCHAYAT JHUPA KHURD

Decided On November 06, 2012
TARA CHAND Appellant
V/S
Gram Panchayat Jhupa Khurd Respondents

JUDGEMENT

(1.) 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.

(2.) The facts and circumstances giving rise to these appeals are as follows:

(3.) Shri Amrendra Sharan, learned Senior counsel appearing for the appellants, has submitted that the suit was filed under Sections 5 and 8 of the Tenancy Act and that, as the appellants were tenants, they were entitled to declaration of their occupancy rights as regards the land in dispute. Even otherwise, Section 8 of the Tenancy Act enables the appellants to attain the said declaration. The statutory authorities committed a grave error in holding that the appellants were joint-owners in the shamilat deh, and not tenants. Therefore, the present appeals deserve to be allowed.