MOHAR PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petitioners instituted a declaratory suit, cast under Sec. 13-A of The Punjab Village Common Lands (Regulation) Act, 1961, whereby they claimed the making of a declaratory decree in their favour, thereby pronouncing them to be the lawful owners in possession of the suit lands.

(2.) The learned District Collector concerned, as revealed by Annexure P-1, through a decision made, on 6/9/2012, on the said declaratory suit, proceeded to decline the espoused declaratory relief to the plaintiffs.

(3.) A reading of the findings, which became returned on the relevant issues, reveals that the learned Collector concerned came to a conclusion, that the plaintiffs were not able to bring forth tangible evidence whereupon they could be construed to be prior to 1950, thus holding independent cultivating possession of the suit lands, rather for theirs being concluded to save the disputed lands from vestment in the shamlat deh.