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august 1995

Supreme Court of India · 1995-08-29

HARI PARKASH & ORS. vs LAKSHMI NARAIN & ORS.

Citation / case number
SC 1994/77558
Court
Supreme Court of India
Petitioner
HARI PARKASH & ORS.
Respondent
LAKSHMI NARAIN & ORS.
Author
SINGH N.P.
Bench
SINGH N.P.

Judgment text excerpt

The Supreme Court upheld the High Court's decision restoring the Trial Court's order, which stated that the land in question had vested in the Gram Panchayat under the Punjab Village Common Lands (Regulations) Act, 1961, thus making the partition suit non-maintainable as per Section 13-B of the Act. The Court clarified that the preliminary decree for partition was invalid due to the land's status as 'shamilat deh' under Section 2(g) of the Act. The appeal was dismissed, affirming the legal principle that land vested in a Gram Panchayat cannot be partitioned in civil court proceedings.

HARI PARKASH & ORS. vs LAKSHMI NARAIN & ORS. · Niyam