Supreme Court · 2012 INSC 510 · Decided 6 November 2012
Tara Chand & ORS. v. Gram Panchayat Jhupa Khurd & ORS.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 510 · [2012] 10 S.C.R. 974
- Case number
- CIVIL APPEAL No. 8845/2003
- Decided
- 6 November 2012
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Land Laws - Punjab Tenancy Act, 1887 - ss.5, 8 and 10 C - Suit filed in 1989 for declaration of occupancy rights u/ss.5 and 8 of the Act, in relation to the land in dispute - The plaintiffs-appellants and their ancestors were hisedars/joint owners/co-sharers in the shamifat prior to even 1935-36 - High Court found the appellants non-suited D on the anvil of s.10, observing that the expression 'any person', contained in s.8, does not include a joint-owner (hisedar) - On appeal, held: s. 10 puts a complete embargo on a hisedar/joint-owner to claim occupancy rights -
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