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Sunday, March 7, 2010

Permanent injunction--Exclusive possession--Proof of--Land in dispute shown as shamlat deh

2010(1) LAW HERALD (P&H) 29
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mrs. Justice Sabina
R.S.A. No. 3052 of 2008 (O&M)
Bhagta Rsm
v.
State of Haryana & Anr.
{Decided on 08/12/2009}
For the Appellant: Mr. C.B.Goel, Advocate.
Specific Relief Act, 1963--Permanent injunction--Exclusive possession--Proof of--Land in dispute shown as shamlal deh--Same vested in Municipal Committee vide amendment made in year 1999 in Section 61 in Haryana Municipal Act, 1973--There was cremation ground, a satsang bhawan and hotel in existence in suit land--Cremation ground and satsang bhawan were being used by public at large--Plaintiff could not till the exact area a of satsang bhawan and cremation ground nor could till exact area which was being used for agricultural purposes--Plaintiff failed to establish his exclusive possession over only specific portion of suit land--Suit for permanent injunction rightly dismissed.
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