Supreme Court of India
Tara Chand & Ors. v. Gram Panchayat Jhupa Khurd & Ors.
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From the headnote
Land Laws - Punjab Tenancy Act, 1887 - ss.5, 8 and 10 - 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 deh from a period prior to even 1935-36 - High Court found the appellants non-suited 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 - There was no
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