BACH RAM AND ORS Vs. RAM DIA AND ORS

LAWS(P&H)-2016-3-347

HIGH COURT OF PUNJAB AND HARYANA

Decided on March 10,2016

Bach Ram And Ors Appellant

VERSUS

Ram Dia And Ors Respondents

JUDGEMENT

- (1.) Cm No.12206-C of 2011 Applicant through this application has sought the permission of this court to file the appeal. For the reasons stated in the application, application is allowed. Applicant is granted permission to file the appeal.
(2.) Cm No.12207-C of 2011 For the reasons stated in the application, which is duly supported by an affidavit, delay of 2789 days in filing the present appeal is condoned. Application stands allowed.
(3.) Main case Mr. Sanjay Verma, learned counsel appearing on behalf of appellants submits that trial Court erroneously dismissed the suit holding that as per previous order passed by the Collector dated 10.12.1993, the respondents-plaintiffs have been held to be in possession. However, before the appellate Court, the Gram Panchayat colluded with the respondentplaintiff and did not contest the appeal and proceeded ex parte, but lower Appellate Court decreed the suit. It is in these circumstances, the appeal was filed. The Lower Appellate Court ought not to have decreed the suit as previous order only pertains to the possession passed in proceedings under Section 13-A of the Punjab Village Common Land Act, 1961 and thus urges this Court to formulate following substantial question of law:- 1. Whether in view of Order dated 10.12.1993 passed in proceeding under Section 13-A of the Punjab Village Common Land Act 1961, the subsequent suit claiming ownership was maintainable or not.;

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