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Tara Chand Goel Vs. Summer Field School and ors. - Court Judgment

LegalCrystal Citation
SubjectIntellectual Property Rights
CourtDelhi High Court
Decided On
Case NumberCase Appeal No. 144 of 1970
Judge
Reported in23(1983)DLT507
ActsPunjab Land Revenue Act, 1887 - Sections 13
AppellantTara Chand Goel
RespondentSummer Field School and ors.
Excerpt:
tenancy - jurisdiction - section 13 of punjab land revenue act, 1887 - 'tehsildar' declared land in possession of applicant futile and made necessary entry in records - on personal inspection it was found by additional collector that land was not futile - 'tehsildar' acted beyond jurisdiction. - - (3) pressing the appeal before me the learned counsel for the appellant conceded that the khasra girdawari enteries for abadi land, besides showing the name of the owner, did not ordinarily indicate the possession or even the utility to which it was being put to like ghairmumkin school, ghairmumkin abadi and ghairmurnkin hospital etc......section 13 of the punjab land revenue act as i find that both the orders of the tehsildar and the addl collector have inter-alia rejected the basic prayer of the appellant for the correction of khasra girdawari enteries. the tehsildar, however, acted beyond jurisdiction in declaring that the appellant was in possession of the said suit land which finding he was neither required nor competent to give which has been set aside by the learned addl. collector. in view, however, of the confusion created by the two impugned orders this appeal was agreed to be considered on merits. (5) it is an established practice in law that land holding that have permanently gone out of cultivation are recorded in the khsara girdawari as ghairmumkin. to indicate as to how these have gone out of cultivation.....
Judgment:

Mahabir Singh, J.

(1) This is a second appeal filed under Section 13 of the Punjab Land Revenue Act hereinafter referred to as the Act against the order of the Addl. Collector, Delhi dt. 15-1-1970 whereby he reversal the order of the Tehsildar,Mehrauli dated 3-9-69 on an application filed by the appellant for correction of Khasra Girdawari entries relating to land contained in Khasra No. 75 and 193 of village Zamrudpur in Delhi state.

(2) Briefly the facts of the case are that khasra No. 193 was the Shamlat Thot of Lachman and khasra No. 75, the Shamlat Deh as per the Jamabandi entries for the year 1947-48, khasra No. 193 changed hands and came into the possession of Navin Co-operative Development & House Building Society Ltd. in the year 1953 and has been continued to be in the ownership of the said society and the land has been shown to be in use as Ghair- mumkin School. Sh. Tara Chand the appellant who claims to have come in possession of the land presumably in Khasra No. 193 moved an application before Tehsildar, Mehrauli for the correction of Khasra Girdawari entries a copy of which was not filed with the said application. It is just not understood as to how the Tehsil initiated action on the said application without having a copy of the Khasra girdawari entry which was required to be corrected. The learned Tehsildar, however on the basis of the evidence adduced before him came to the conclusion that Tara Chand was in possession of certain portion of land in the said Khasra number. He however did not consider it necessary to accept the petition vis a vis the change in the khasra girdawari enteries. The matter came up in the appeal before the Addl. Collector who on the basis of his personal inspection and the appreciation of the evidence on record rightly determined that no change in the khasra girdawari enteries was called for.

(3) Pressing the appeal before me the learned counsel for the appellant conceded that the khasra girdawari enteries for abadi land, besides showing the name of the owner, did not ordinarily indicate the possession or even the utility to which it was being put to like ghairmumkin school, ghairmumkin abadi and ghairmurnkin hospital etc. But as in the present case utility has been shown as Ghairmurnkin colony, Ghairmurnkin school, he desired another entry of Ghairmumkin Karkhano to indicate such an existence on the suit land. He sought the indulgence of this court in this behalf.

(4) Strictly speaking the present second appeal does not lie within the scope of Section 13 of the Punjab Land Revenue Act as I find that both the orders of the Tehsildar and the Addl Collector have inter-alia rejected the basic prayer of the appellant for the correction of khasra girdawari enteries. The Tehsildar, however, acted beyond jurisdiction in declaring that the appellant was in possession of the said suit land which finding he was neither required nor competent to give which has been set aside by the learned Addl. Collector. In view, however, of the confusion created by the two impugned orders this appeal was agreed to be considered on merits.

(5) It is an established practice in law that land holding that have permanently gone out of cultivation are recorded in the khsara girdawari as ghairmumkin. To indicate as to how these have gone out of cultivation permanently mentioned may be made whether it is through abadi, seasonal

(6) I accordingly consider the request of the appellant as infructuous, irrelevant and untenable in law, and have there, no hesitation in rejeting this appeal as it cannot be sustainable either in law or in the facts of the case as brought out on record.


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