Punjab and Haryana High Court Remands Ownership Dispute over Shamlat Deh to Lower Court

The Punjab and Haryana High Court recently remanded an ownership dispute over Shamlat Deh land to the lower court, after additional evidence emerged regarding the sale of the land through a sale certificate made in favour of the petitioners.

In the case of Nishan Singh (Since Deceased) Through Lrs. and Anr. v. State of Punjab and Others, the Gram Panchayat Raipur Gujjran had instituted a case under Section 11 of The Punjab Village Common Lands (Regulation) Act, 1961 seeking a declaratory decree for ownership of the land. The lower court had granted the declaratory relief to the petitioner, after the sale certificate was not tendered into evidence nor was it proven in accordance with law.

However, the petitioner later obtained information through an application under the Right to Information Act, 2006 that the suit land was indeed sold through a sale certificate made in their favour. This additional evidence emerged only before the High Court and was not tendered or proven in accordance with law before the lower court.

The High Court assigned only prima facie credence to the annexure, and as a result, quashed the impugned verdicts made against the petitioners. The court remanded the case to the learned Collector concerned, with a direction to restore the case to its original number, permit the petitioners to tender the additional evidence before the court, ensure that it is proven in accordance with law and grant an opportunity to adduce rebuttable evidence to the Gram Panchayat concerned. The court directed the Remand back to Court to decide the case afresh but positively within three months from the date of the order.

Nishan Singh (Since Deceased) Through Lrs. Vs State of Punjab and Others